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HomeMy WebLinkAboutPR 23989: CONTRACT WITH ALLCO, LLC FOR THE EL VISTA DRAINAGE PUMP STATION IMPROVEMENT PROJECT City of nrt rthu _ 7rws www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 22, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Flozelle Roberts, EIT, MEng, MBA, CPM, Director of Public Works RE: P.R. No. 23989 —Awarding a Contract to Allco, LLC for the El Vista Drainage Pump Station Improvement Project Introduction: Staff recommends that the City Council adopt Proposed Resolution No. 23989,which authorizes the City Manager to execute a contract with Allco, LLC of Beaumont, Texas, for the El Vista Drainage Pump Station Improvement Project for $1,987,807.00. Background: The El Vista drainage pump station requires repairs, including removing and replacing the concrete lining in the pump station's upstream forebay channel,the discharge pipes, and the flap gates on the downstream side of the pump station to maintain operational efficiency. LJA Engineering of Beaumont, Texas, designed the pump station improvements, and the project was advertised for bids on September 7 and 14, 2024. Three (3) sealed bids were received on October 16, 2024. LJA Engineering determined that Allco, LLC of Beaumont,Texas,was the lowest responsible bidder,with a bid of$1,987,807.00 and 330 working days. "Remember,1,1e are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Budget Impact: Funding for this contract is available in the Drainage Pump Stations Program account, $24,089.00 from FEMA Harvey Fund (147-07-015-8515-00-40-000) and $1,963,718.00 from Capital Improvement Fund (307-21-055-8515-00-10-000, Project Number DR1 P07-CON) contingent upon approval of budget amendment via adoption of Proposed Ordinance 7291. Recommendation: The City Council is recommended to approve P.R. 23989 authorizing the execution of a contract with Allco, LLC of Beaumont, Texas, for the El Vista Drainage Pump Station Improvement Project as outlined above. 4 "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.No.23989 10/22/2024 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALLCO,LLC OF BEAUMONT, TEXAS,FOR THE EL VISTA DRAINAGE PUMP STATION IMPROVEMENT PROJECT WITH A PROJECTED BUDGETARY IMPACT OF $1,987,807.00. FUNDING IS AVAILABLE IN THE DRAINAGE PUMP STATIONS PROGRAM ACCOUNT,$24,089.00 FROM FEMA HARVEY FUND(147-07-015-8515-00- 40-000)AND$1,963,718.00 FROM CAPITAL IMPROVEMENT FUND (307- 21-055-8515-00-10-000,PROJECT NUMBER DR1P07-CON)CONTINGENT UPON APPROVAL OF BUDGET AMENDMENT VIA ADOPTION OF PROPOSED ORDINANCE 7291. WHEREAS, the El Vista drainage pump station requires repairs, including removing and replacing the concrete lining in the pump station's upstream forebay channel, the discharge pipes, and the flap gates on the downstream side of the pump station to maintain operational efficiency; and, WHEREAS, LJA Engineering of Beaumont, Texas, designed the pump station improvements; and, WHEREAS, the City of Port Arthur's Purchasing Department advertised for bids on September 7 and 14, 2024 (see Exhibit A); and, WHEREAS,three(3)bids were received and opened on October 16,2024(see Exhibit B); and, WHEREAS, Allco, LLC of Beaumont, Texas, submitted the lowest responsive bid of $1,987,807.00 with 330 working days from the date issued on the Notice to Proceed;now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute, on behalf of the City, a contract between the City of Port Arthur and Allco, LLC of P.R.No.23989 10/22/2024 FCR Page 2 of 3 Beaumont,Texas,for$1,987,807.00 for the El Vista drainage pump station improvement project in substantially the same form as attached as Exhibit C; and, THAT, funding for this contract is available in the Drainage Pump Stations Program account, $24,089.00 from FEMA Harvey Fund (147-07-015-8515-00-40-000) and $1,963,718.00 from Capital Improvement Fund (307-21-055-8515-00-10-000, Project Number DR1P07-CON) contingent upon approval of budget amendment via adoption of Proposed Ordinance 7291; and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ,ADOPTED,AND APPROVED,this day of ,2024 AD, at a regular meeting of the City Council of the City of Port Arthur, Texas, by the following vote:AYES:Mayor: Councilmembers: NOES: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney P. R.No. 23989 10/22/2024 FCR Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald B , #4.)./ City Manager lone . Robert , MEng, MBA, CPM Direc or of Publi W rks APPROVED AS TO THE AVAILABILITY OF FUNDS: Clifton E. Williams, Jr., CPPB Purchasing Manager Vd,„) Lynda oswell, ICMA-CM, MA Director of Finance P. R. 23989 Exhibit A CITY OF PORT ARTHUR Request for Bids EL Vista Pump Station Improvements Project September 7, 2024 September 14, 2024 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BID Notice is hereby given that sealed bids,addressed to the City of Port Arthur.will be received at the Office of the City Secretary,City Hall 444 4th Street or P.0 Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m..Wednesday,October 2,2024 and all bids received will thereafter be opened and read aloud at 3:15 p.m..on Wednesday,October 2,2024 in the City Council Chambers. 5th Floor,City Hall Port Arthur,Texas for certain services bnefly described as: EL VISTA PUMP STATION IMPROVEMENTS PROJECT Bids received after the deadline stated above.regardless of method of delivery.will not be considered and returned unopened. I Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthur.net or www.publicpurchase.com The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, SEPTEMBER 19, 2024 AT 10:00 A.M.AT THE CITY HALL COUNCIL CHAMBERS LOCATED AT 444 4TH STREET, PORT ARTHUR,TEXAS • Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance the Cite rroe-o',i rti'ti not award a contract to a company that is in arrears in its oil PUBLIC NOTICE CRY OF PORT ARTHUR,TEXAS 4 ADVERTISEMENT FOR BID Clifton Wiliams Purchasing Manage, Notice is hereby given that sealed bids.addressed to the City of Port Arthur,will be received at the Office of the City Secretary.City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m..Wednesday,October 2,2024 and all bids received will thouerenc aChambofter be pers.opened I and read aloud at 3:15 p.m.,on Wednesday,October 2.2024 in the City 5th Floor.City Hall,Port Arthur,Texas for certain services briefly described as. EL VISTA PUMP STATION IMPROVEMENTS PROJECT 1 Bids received after the deadline stated above,regardless of method of delivery.will not be considered 1 and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 nspection without charge. 4th Street, ieved from�the City's website of Port Arthur, nd at�www.portarthur.nete open for public'orr www.pubacpurchase.com They can also be The City of Port Arthur reserves the right to reject any and all bids and to waive informalities NON MEETING IS SCHEDULED FOR THURSDAY, SEPTEMBER 19, ORY 2024 AT 0:00TA.M ATTIC HE CITY HALL COUNCIL CHAMBERS LOCATED AT 444 4TH STREET, i PORT ARTHUR.TEXAS ' Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton lams —` Purchasing Manager .. .:.r.,r;,a.. I Clifton Williams Purchasing Manager P. R. 23989 Exhibit B 114 2615 Calder Avenue,Suite 500,Beaumont,Texas 77702 LJA ENGINEERING t 409.833.3363 f 409.833.0317 LJA.com TBPE F-1386 TBPLS 10105600 October 17, 2024 Mrs. Flozelle G. Roberts, EIT, Meng, MBA Director of Public Works City of Port Arthur 444 4th Street Port Arthur,Texas 77640 Re: El Vista Pump Station Improvements Bid Award Recommendation Letter Dear Mrs. Roberts, Bids were received on the above referenced project on October 16, 2024. Three (3) bids were received. A tabulation of the bids is attached to this letter. After tabulating the bids and correcting any errors and/or omissions by the bidders, Allco, LLC is the lowest bidder with a total base bid of$1,987,807.00. The bids have been reviewed and the bidder's qualifications evaluated. In our opinion, Allco, LLC is qualified to complete this project as evidenced by their completion of previous projects of a similar nature. It is recommended, therefore, that the City of Port Arthur award the El Vista Pump Station Improvements project to Allco, LLC for the sum total of$1,987,807.00. Please let me know if you have any questions or need additional information. Sincerely, UA ENGINEERING, INC. Cody S.Croley, PE Senior Project Manager ,, m a 0 0 0 0 0 0 0 0 0 0 O 0 0 .,_, 0. 00000000000. 000 . 80 ..6 - V O N O O ,/, n 0 0 0 0 0 0 0 0 0 0 m 0 C o o 0 0 o n g m o a 808888004.O 2 r- o a eri t6 a v in - 0 0 't o O O r, W ,D m W O N . V vi N m in L y N O ~ N N N N N N N N N N N N N N N N tO c a o a o v o 0 0 0 0 0 0 0 0 0 0 v 0 w ,„ .. • 0 • 0 0 0 0 0 0 0 0 0 0 0 0 o W eV 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F- Vl 1,:, .' 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O ` 0 L d dr 0, 0, K .L A y U S p N N To '~^ 0 H A A f0 v v E n a > .w o d , 0o G v : ° z z o v = u z . m ,o ,o c = m i m m u c y c 2 - E E E d ` c '- C C C § A V E C d CO d L in O U V UO U E .a.O. >T. 3 « « 2.. 2 x d W d d A - j 0 0 « A A A l7 c o `0 . a d d 3 x �^ 4 3 v E E E d O x C,x 0, O O _ d A A S K d p A A A c x C v A N u a L° t t r Er c i d c 2 2 E 3 � �. v 3 '3 L > m o `o `o `o c o « o E o 'o v 2 Y, Y, Y, Y, O d d L ,E O O o O O ,0 O ' 2 v o Z c o o 2 0 z ,n V i., U x ,n m m 8 in in it v 2 c c. . . . —O - 0O U° U° U° z m . E .. tv m a in ,0 n co m 2 ,1 ,~ ti 'a. .Ut .ID- N LLe „'I N iel T yU d d d d m 2 2 z Z P. R. 23989 Exhibit C SPECIFICATIONS AND CONTRACT DOCUMENTS El Vista Pump Station Improvement Project BID NO. P24-067 city of l} r 4i1d jN� tivg?t rthr� %,trr.s CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS September 2024 4Ic ;o.Fr4 111) r *; r••• CODY S CROLE;•••.• 90115 • r $tij1 �N Al vit%,44 4' 9/11/2024 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR art r t h tt r CITY ATTORNEY THOMAS KINLAW,HI DONALD FRANK,SR Teuts SEPTEMBER 5, 2024 INVITATION TO BID EL VISTA PUMP STATION IMPROVEMENTS PROJECT DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday, October 2,2024. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 2, 2024 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P24-067 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsna,portarthurtx.gov Purchasing Division/Finance Department j Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Cliotzt..p ala;a.otd- Clifton Williams Purchasing Manager TABLE OF CONTENTS RETURN WITH BID A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID PROPOSAL YES E. GENERAL CONDITIONS F. SPECIFICATIONS G. SCOPE OF WORK H. GEOTECHNICAL REPORT I. BID BOND YES J. PAYMENT BOND K. CERTIFICATE OF INSURANCE L. PERFORMANCE BOND M. NON-COLLUSION AFFIDAVIT YES N. HOUSE BILL 89 VERIFICATION YES O. SB 252 YES P. QUALIFICATION STATEMENT YES Q. CERTIFICATE OF INETERESTED PARTIES YES R. CONFLICT OF INTEREST YES DRAWINGS SECTION A CONSTRUCTION CONTRACT AGREEMENT CITY OF PORT ARTHUR CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made this day of , A.D. 2024, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or"CITY" and a , herein acting by and through , hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the El Vista Pump Station Improvement Project 2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within 330 consecutive calendar days as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of $1,987,807.00 , or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Construction Contract Agreement (B) Advertisement for BIDS (C) Information to BIDDERS (D) BID (E) BID BOND (F) General Conditions (G) Labor Classification and Minimum Wage Scale (H) Supplemental General Conditions (I) Payment Bond (J) Performance Bond (K) Roadway Repair Bond (L) Maintenance Bond (M) Notice of Award (N) Notice to Proceed (0) Insurance (P) Specifications Addenda: No. 1 , dated September 20,2024. No. 2 , dated September 30,2024. No. 3 , dated October 11 ,2024. 6. The OWNER will pay the CONTRACTOR in the manner and at such times as outlined in the General Conditions, such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER: City of Port Arthur BY: CONTRACTOR: NAME: TITLE: BY:Allco. LLC NAME: ADDRESS: Beaumont,Texas [CORPORATE SEAL] ATTEST: NAME: 4 SECTION B ADVERTISEMENT FOR BIDS or- CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, October 2, 2024 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on Wednesday, October 2, 2024 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: EL VISTA PUMP STATION IMPROVEMENTS PROJECT Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, SEPTEMBER 191 2024 AT 10:00 A.M. AT THE CITY HALL COUNCIL CHAMBERS LOCATED AT 444 4TH STREET, PORT ARTHUR, TEXAS Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. 6?)4,41.d- Clifton Williams Purchasing Manager FIRST PUBLICATION: September 4, 2024 SECOND PUBLICATION: September 11,2024 SECTION C INFORMATION TO BIDDERS INFORMATION TO BIDDERS The following instructions are applicable to the Contract in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS. 1. BID PROCEDURE Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in compliance with the requirements of the ADVERTISEMENT FOR BIDS,these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted, in ink, in both words and figures, with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items(if shown in the Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed irregular which contains any omission,erasure, alteration, addition,irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form,or in which any of the prices are obviously unbalanced,or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank area provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration,the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number, and addressed to the OWNER as prescribed in the Invitation to Bidders. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals. 2. BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent (5%)Check or Cashier's Check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60)days after the date of the opening of the bids; that if a bid is accepted,the Bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work.Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful Bidders will be returned;that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. C-1 The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER, within said period, of reasons which, in the sole discretion of the OWNER, justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified, the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the CITY OF PORT ARTHUR for any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be forfeited to the CITY OF PORT ARTHUR as liquidated damages and Bidder shall be liable to the CITY OF PORT ARTHUR for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The OWNER, within fifteen (15) calendar days of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement. 3. BONDS If the Contract exceeds Fifty Thousand Dollars ($50,000.00), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000) a performance bond also, shall be furnished on prescribed forms in the amount of one hundred percent (100%) corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each Bond a certified and effective date copy of their Power of Attorney. 4. NOTICE TO PROCEED Notice to Proceed shall be issued within fifteen(15) calendar days of the execution of the Contract by OWNER. Should there by any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the fifteen (15) calendar day period or a period mutually agreed upon,CONTRACTOR may terminate the Contract without liability on the part of either party. 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits (No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount(or specific formula for determining a specific dollar amount] aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance). C-2 1. Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur), City of Port Arthur and Contractor and all persons providing services shall comply with the worker's compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110. 2, Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur and Schaumburg and Polk, Inc., its officers, agents, and employees must be named as an additional Insured). a. Bodily Injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence of$1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000, and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, e. Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Comprehensive Automobile Liability (Including owned, non- owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date,job number and location; 5. All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). C-3 CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required(including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s)OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s)shall in any event be filed with OWNER not more than ten (10) days after execution of this Contract. The original Builder's Risk policy(if required)shall provide for fifteen(15)days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above, are received by the OWNER. 6. JOB EXAMINATION Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water,electric or other utilities or otherwise affect performance of required activities;(b)the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale,which is included preceding the Specifications. C-4 7. SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization, and to House Bill 11 amendments to Section 151.311 of the Tax Code(Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the City of Port Arthur and be exempt from sales tax. Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for(1) non-consumable materials and equipment that are permanently incorporated into the project and (2) charges for skill, labor and consumable materials,tools and equipment which are not permanently Incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contract procedure. The City of Port Arthur will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City of Port Arthur project. The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City of Port Arthur. The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR. Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants,tools, forming materials,etc.)are not eligible for exemption and are not to be included in the statement as "Non-Consumable Materials and Equipment". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER, furnish such information and data as c-s OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 9, INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information, or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in,or omissions from, the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning,the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. 10. AWARD OF CONTRACT Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER, considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. A Bidder may withdraw his Proposal before the expiration of the time during which a Proposal may be submitted,without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. 11, TIME OF COMPLETION — Refer to Construction Contract Agreement Attention is-di cal the time in Mete the work. Tho time-rc be a coaside spocified, Bidder mu cite; Federal, State a 12. SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. 13. LAWS All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. C-6 14. EQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions. 15. MATERIAL SUPPLIERS AND SUBCONTRACTORS Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. 16. RETAINAGE Five percent (5%) of the amount of each periodic progress payment shall be retained, by OWNER, until final completion and acceptance of all work under the CONTRACT. 17. UNIT PRICES If the Contract may be let on a unit price basis, the Specifications furnished to bidders shall contain approximate quantities estimated upon the best available information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. 18. PRE-BID CONFERENCE Prospective bidders shall not be required to attend the Pre-Bid Conference outlined in page C-7 of the Information to Bidders. Bids received from firms or individuals not listed on the roll of attendees of the Pre-Bid Conference will be rejected and returned unopened to the bidder. A NON-MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas, and prospective bidders will be held on: Thursday, September 19 2024 at 10:00 a.m. at the City Council Chambers located at 444 4th Street, Port Arthur, Texas. The purpose of the NON-MANDATORY PRE-BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. C-7 SECTION D BID PROPOSAL PROPOSAL Proposal of (hereinafter called"Bidder") organized and existing under the laws of the State of Texas, doing business as a * and acting by and through TO: CITY OF PORT ARTHUR 444 4TH STREET PORT ARTHUR, TX 77640 (herein after called "OWNER") The BIDDER shall perform the EL VISTA PUMP STATION IMPROVEMENTS PROJECT construction and having examined the plans and specifications with related documents and the sites of the proposed work, and being familiar with all of the conditions surrounding construction of the proposed project including the availability of materials and labor,hereby proposes to furnish all labor, materials and supplies, and to complete the project in accordance with the contract documents,within the time set forth therein, and at the prices stated below. These are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. BIDDER hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" by the OWNER and to fully complete the base bid project within working days thereafter as stipulated in the specifications. BIDDER acknowledges that time is of the essence. BIDDER further agrees to pay, as liquidated damages, the sum of Five Hundred and No/100 Dollars ($500.00) for each consecutive working day after the Contract consecutive working days hereinafter provided in the special conditions. Said liquidated damages shall be in addition to any other remedies otherwise available to the Owner under the laws of the State of Texas for breach by the Contractor, including breach of the time of completion provisions detailed herein. Enclosed is Bid Security as required. *Insert"a corporation,""a partnership,"or"an individual,"as applicable. BIDDER acknowledges receipt of the following ADDENDUM: BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices: D - 1 Bid Schedule BASE BID - PROJECT WORK TO INCLUDE but not be limited to: Clearing and grubbing, excavation and grading, placement of concrete liner and other items of the El Vista Pump Station Improvements Project to the limits provided in the plans and specifications. TOTAL ITEM ITEM WITH BID PRICES ESTIMATED UNIT AMOUNT NO. WRITTEN IN WORDS UNIT QUANTITIES PRICE BID 1 MOBILIZATION LS 1 at __dollars and cents per LS. 2 CLEARING AND GRUBBING ACRE 0.12 at dollars and cents per ACRE. 3 REMOVE EXISTING STRUCTURES LS 1 at dollars and cents per LS. 4 SHEET PILING SF 11,000 at dollars and cents per SF. 5 CHANNEL EXCAVATION CY 2,341 at dollars and cents per CY. 6 EMBANKMENT AND FILL CY 1,595 at dollars and cents per CY. D - 2 TOTAL ITEM ITEM WITH BID PRICES ESTIMATED UNIT AMOUNT NO. WRITTEN IN WORDS UNIT QUANTITIES PRICE BID 7 CONSTRUCTION OF CONCRETE SY 1,270 CHANNEL LINER at dollars and cents per SY. 8 CONSTRUCTION OF CONCRETE EA 2 HEADWALL WITH WINGWALLS at dollars and cents per EA. 9 HYDROMULCH SEEDING ACRE 0.12 at dollars and cents per ACRE. 10 STORM WATER PERMIT LS 1 COMPLIANCE at dollars and cents per LS. 11 30"DISCHARGE PIPING LS 1 REPLACEMENT at dollars and cents per LS. 12 36"DISCHARGE PIPING LS 1 REPLACEMENT at dollars and cents per LS. D - 3 my- TOTAL ITEM ITEM WITH BID PRICES ESTIMATED UNIT AMOUNT NO. WRITTEN IN WORDS UNIT QUANTITIES PRICE BID 13 CONCRETE SPILLWAY LS 1 REMOVAL/REPLACEMENT at dollars and cents per LS. 14 STRUCTURAL ROCK BACKFILL TON 300 at dollars and cents per TON. 15 BYPASS PUMPING DAYS 5 at dollars and cents per DAYS. 16 CONTINGENCY ALLOWANCE ALLOW. 1 $100,000.00 $100,000.00 at dollars and cents per ALLOWANCE. TOTAL-BASE BID(ITEMS 1 THROUGH 16)AMOUNT IN WORDS: DOLLARS CENTS TOTAL-BASE BID(ITEMS 1 THROUGH 16)AS DOLLAR FIGURE: Amounts are to be shown in both words and figures. In case of discrepancy the amounts shown in words will govern. All unit prices provided on this bid form shall include all labor,materials,bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. D - 4 Bidder understands that the Owner reserves the rights to reject any and all bids and to waive any informalities in the bidding. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents and Specifications. Bidder agrees that the work will be substantially completed and ready for final payment in accordance with the General Conditions and within the time limits set forth in the Agreement. Bidder accepts the provision of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. RESPECTFULLY SUBMITTED, DATE SIGNATURE ADDRESS TITLE CITY, STATE & ZIP LICENSE NUMBER (IF APPLICABLE) (SEAL—if BID is by a Corporation) ATTEST: D- 5 SECTION E GENERAL CONDITIONS NUMERICAL INDEX TO GENERAL CONDITIONS 1. Contract and Contract Documents 2. Definitions 3. Termination of Contract for Cause 4. Personnel 5. Reports and Information 6. Records and Audits 7. Findings Confidential 8. Copyright 9. Compliance with Laws 10. Interest of Members of City of Port Arthur 11. Interest of Other Local Public Officials 12. Interest of Contractor and Employees 13. Certificates and Permits 14. Guarantee of Work 15. Additional Instruction and Detail Drawings 16. Shop or Setting Drawings 17. Materials, Services and Facilities 18. CONTRACTOR'S Title to Materials 19. Inspection and Testing of Materials 20. "Or Equal" Clause 21. Patents 22. Surveys 23. CONTRACTOR'S Obligations 24. Insurance 25. Certification of Compliance with Air and Water Acts E-t 26. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 27. Suspension of Work 28 National Historic Preservation Act of 1966 29. Required Provisions Deemed Inserted 30. Safety and Health Regulations for Construction 31. Use and Occupancy Prior to Acceptance by Owner 32. Use of Premises and Removal of Debris 33. Quantities of Estimate 34. Lands and Rights-of-Way 35. Conflicting Conditions in Contract Documents 36. Notice and Service Thereof 37. Separate Contract 38. Subcontracting 39. Architect/Engineer's Authority 40. Meaning of Intent 41. Contract Security 42. Additional or Substitute Bond 43. Assignments 44. Mutual Responsibility of CONTRACTOR'S 45. Acceptance of Final Payment Constitutes Release 46. Payments by Contractor 47. Construction Schedule and Periodic Estimates 48. Payments to Contractor 49. Correction of Work 50. Subsurface Conditions Found Different 51. Claims for Extra Cost 52. Changes in Work E-2 53. Extras 54. Time for Completion and Liquidated Damages 55. Weather Conditions 56. Protection of Work and Property--Emergency 57. Inspection 58. Superintendent by Contractor 59. Indemnification 60. Delays 61. Maintenance of Work 62. Antitrust 63. Delay, Disruption and/or Other Claims E-3 GENERAL CONDITIONS 1. CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications and Addenda, enumerated in the Agreement and paragraph 1 of the Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms, as used in this Contract, are respectively defined as follows: a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made with the OWNER or CITY OF PORT ARTHUR. b. "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on(at)the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER": Refers to the City of Port Arthur, Port Arthur, Texas. e. "CITY OF PORT ARTHUR": Refers to the City of Port Arthur, Port Arthur, Texas. 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents,data, studies,surveys,drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY OF PORT ARTHUR. E-4 b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative, and will be retained for three (3) years after the expiration of this Contract unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws,ordinances, rules,orders,regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. E-5 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality,who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest,direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses,approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and E-6 the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b)a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 16. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof,the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 17. MATERIALS, SERVICES AND FACILITIES a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation,superintendents, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute,complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. The Contractor shall submit a request in writing to the City at least 72 hours in advance of the days requested to work on. 18. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 19. INSPECTION ANO TESTING OF MATERIALS All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional E-7 testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. 20,. "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers'or vendors'names,trade names,catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is,in the opinion of the Architect/Engineer,of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 21. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and or royalty fees for the use of a process which is authorized by the OWNER of the project must be reasonable to the City Manager or his/her designee and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. c. If the CONTRACTOR uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the owner of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost,expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 22. SURVEYS Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to the E-8 CONTRACTOR all surveys necessary for the execution of the work. 23. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do,carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 24. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved (See information to Bidders, paragraph 5.). 25. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.00,) During the performance of this Contract, the CONTRACTOR and all Subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt CONTRACTORS and Subcontractors shall furnish to the OWNER the following: a. A stipulation by the CONTRACTOR or Subcontractor that any facility to be utilized in the performance of any nonexempt Contract or Subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency(EPA) pursuant to 40 CFR 15.20. b. Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Act, as amended(33 U.S.C. 1318)relating to inspection,monitoring,entry,reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued thereunder. c. A stipulation that, as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized,or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. d. Agreement by the CONTRACTOR that he will include, or cause to be included,the criteria E-9 and requirements in paragraphs (a) through (d) of this section in every nonexempt Subcontract and requiring that the CONTRACTOR will take such action as the government may direct as a means of enforcing such provisions. 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION a. Lead-Based Paint Hazards: (Applicable to Contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors shall comply with the provisions for the elimination of lead-base paint hazards under subpart B of said regulations. The OWNER will be responsible for the inspections and certifications required under Section 35.14(f) thereof. b. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, state and federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats, The CONTRACTOR shall notify all OWNERS of public utility property of the intention to use explosives at least eight(8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. c. Danger Signals and Safety Devices: The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 27. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 28. NATIONAL HISTORIC PRESERVATION ACT OF 1966 The CONTRACTOR agrees to contribute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items are found E-t0 and/or unearthed during the course of project construction and to consult with the State Historic Preservation Officer for recovery of the items. (Reference: National Historic Preservation Act of 1966(80 Stat. 915, 16 U.S.C. 470) and Executive Order No. 11593 of May 31, 1971). 29. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted,then upon the application of either party,the Contract shall forthwith be physically amended to make such insertion or correction. 30. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the Contract,the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 31. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer,the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s) permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 32. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials,supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTORS; c. To place upon the work or any part thereof only such loads as are consistent with the E-11 safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; e. Before final payment to removal all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. 33. QUANTITIES OF ESTIMATE Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 34. LAND AND RIGHTS-OF-WAY Prior to the start of construction, the OWNER shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this CONTRACT. 35. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement (including General Conditions), Performance Bond, Payment Bond, Special Bonds(if any), Proposal,Special Conditions(including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 36. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. 37. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTORS. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTORS and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTORS. Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as E-l2 acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 38. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of Work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor,which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is responsible for the acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. f. The CONTRACTOR shall not sublet the contract work to subcontractors more than 50% of the awarded project contract amount_ 39. ARCHITECT/ENGINEER'S AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality,acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications,the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 40. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTORS, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 41. CONTRACT SECURITY If the Contract amount exceeds Twenty-five Thousand Dollars($25,000), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars($100,000.00)a E-t3 Performance Bond also shall be furnished, on prescribed forms in the amount of one hundred percent(100%)than that prescribed by state, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract and as security for the faithful performance of this Contract. 42. ADDITIONAL OR SUBSTITUTE BOND If at any time the OWNER, for justifiable cause, shall be or become dissatisfied with any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall, within five (5) days after notice from the OWNER to do so,substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new Surety and Sureties shall have furnished such an acceptable bond to the OWNER. 43. ASSIGNMENTS The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 44. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR or Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. 45. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. 46. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay(a)for all transportation and utility services no later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools and other expendable equipment to the extent of ninety-five percent (95%) cost thereof, no later than the 20th day of the calendar month following that in which such materials,tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c)to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR,the respective amounts allowed the CONTRACTOR 1~-14 on account of the work performed by his Subcontractors to the extent of each Subcontractors interest therein. 47. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the Contract,the CONTRACTOR shall deliver to the OWNER an estimated construction progress schedule in form satisfactory to the OWNER, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also furnish on forms to be supplied by the OWNER (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 48. PAYMENTS TO CONTRACTOR a. Not later than the thirty (30) calendar days from the date of submission of application for payment to the City of Port Arthur, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain five percent(5%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided,that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the City of Port Arthur Council's regular schedule of meeting. The CONTRACTOR may alter his estimate period such as to give the Engineer (ten)10 working days prior to the next scheduled City of Port Arthur Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, No materials on hand will be paid.The material delivered on the site and preparatory work done may be taken into consideration by the Engineer. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the E-]5 OWNER may,after having served written notice on the said CONTRACTOR,either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. 49. CORRECTION OF WORK All work, all materials, whether incorporated in the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer,it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents,the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 50. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications,he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. 51. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 52(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 52. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: E-l6 a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age unemployment contributions. To the cost under(c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 53. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable, All the work of the kind bid upon shall be paid for at the price stipulated in the proposal,and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. 54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER,that the time for the completion of the work described herein is a reasonable time for the completion of same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER, then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City of Port Arthur holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain,and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. E-17 It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work,the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven (7) hours or more that day because of rainy weather and providing that he has complied with the condition under 54(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. It is also agreed that for each five (5) regular days of work lost due to any of the foregoing reasons, seven (7) calendar days will be added to the contract time (or 1.4 calendar days added for each one (1) regular day of work lost) Fractional calendar days will be rounded to the nearest whole number of days. Provided, further, that the CONTRACTOR shall,within ten (10)days from the beginning of such delay, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay,who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 55. WEATHER CONDITIONS In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the CONTRACTOR will, and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. The Contract Time includes 20 calendar days for delay due to inclement weather. The CONTRACTOR will be required to submit a request for extension due to inclement weather, however, the Contract E-t8 Time will only be revised if the 20 calendar days are exceeded. 56. PROTECTION OF WORK AND PROPERTY--EMERGENCY The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act,without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the CONTRACTOR on account of any emergency action shall be determined in the manner provided in paragraph 52 of the General Conditions. 57. INSPECTION The authorized representatives and agents of the OWNER/ENGINEER shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 58. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 59. INDEMNIFICATION The CONTRACTOR shall defend, indemnify,and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages,claims, losses, demands, suits,judgements, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgement, cost or expense: a. Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom: and, b. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. E-19 The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 60. DELAYS The CONTRACTOR shall receive no compensation for delays or hindrances to the work,except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY OF PORT ARTHUR to provide information or material, if any, which is to be furnished by the CITY OF PORT ARTHUR. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and submitted to the CITY OF PORT ARTHUR for final approval or disapproval; and the action thereon by the CITY OF PORT ARTHUR shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY OF PORT ARTHUR to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time,his application for which shall, however, be subject to the approval of the City of Port Arthur Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. 61. MAINTENANCE OF WORK If, after approval of final payment and prior to expiration of one (1)year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective,CONTRACTOR shall promptly,without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. The provisions of this paragraph shall not limit the obligation of CONTRACTOR under paragraph 14 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision in paragraph 14 as will arise under the laws of the State of Texas and such Paragraph 14 and without regard to the provisions of this paragraph (Maintenance of Work), nor shall this paragraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the obligations of Paragraph 14. 62. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti-trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973). 63. DELAY, DISRUPTION OR OTHER CLAIMS Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY OF PORT ARTHUR and to the ENGINEER promptly(but in no case later than ten (10)calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR-shall deliver to the CITY OF PORT ARTHUR and to the ENGINEER notice of the E-20 amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. E-21 SECTION F SPECIFICATIONS TECHNICAL SPECIFICATIONS TABLE OF CONTENTS ITEM 50 -Mobilization TS 50-1 ITEM 120—Project Record Documents TS 120-1 ITEM 125 —Subsurface Conditions TS 125-1 ITEM 130- Clearing and Grubbing TS 130-1 ITEM 140 -Embankment and Fill TS 140-1 ITEM 150—Existing Utilities TS 150-1 ITEM 160—Structural Excavation, Foundations, &Backfill TS 160-1 ITEM 190 - Removing Old Structures TS 190-1 ITEM 275—Channel Excavation TS 275-1 ITEM 300 - Concrete Lining TS 300-1 ITEM 325 - General Concrete Specifications TS 325-1 ITEM 350—Reinforcing Steel TS 350-1 ITEM 410—HDPE Pipe, Fittings, and Joining/Fusion TS 410-1 ITEM 620—Concrete Foundations & Structures TS 620-1 ITEM 900 - Seeding TS 900-1 ITEM 950 - Trench Safety Systems TS 950 ITEM 960—General Source Controls TS 960-1 ITEM 975 -NPDES Storm Water Permit Compliance TS 975-1 ITEM 01330—Submittal Procedures TS 410-1 ITEM 1500—Steel Sheet Piles TS 1500-1 TXDOT ITEM 466—Headwalls and Wingwalls 663 TS TOC-1 ITEM 50 MOBILIZATION 50.01 DESCRIPTION This item shall consist of the mobilization of personnel, equipment and supplies at the project site in preparation for beginning work on other contract items. Mobilization shall include, but is not limited to, the movement of equipment, personnel, material, supplies, etc. to the project site and the establishment of office and other facilities necessary prior to beginning the work. 50.02 MEASUREMENT Measurement of the Item, "Mobilization" as specified herein will be by the "Lump Sum", as the work progresses. 50.03 PAYMENT Partial payments of the "Lump Sum" bid for mobilization will be as follows. The adjusted contract amount for construction items as used below is defined as the total contract amount less the lump sum bid for Mobilization. 1. When 1% of the adjusted contract amount for construction items is earned, 50% of the mobilization lump sum bid will be paid. 2. When 5%of the adjusted contract amount for construction items is earned, 75% of the mobilization lump sum will be paid. Previous payment under this item will be deducted from the above amount. 3. When 10%of the adjusted contract amount for construction items is earned, 100% of the mobilization lump sum bid will be paid. Previous payments under this item will be deducted from the above amount. TS 50-1 ITEM 120 PROJECT RECORD DOCUMENTS 120.01 GENERAL Prepare and maintain record documents for the project to accurately reflect the construction "As Built." Documents must be maintained up to date on an ongoing basis. Proof of this shall be required for each monthly pay estimate. Documents must also be submitted at work completion as a condition of final acceptance. 120.02 MAINTENANCE OF RECORD DOCUMENTS Maintain at the job site, one copy of (1) Contract drawings. (2) As-Built drawings. (3) Specifications. (4) Addenda. (5) Reviewed shop drawings. (6) Change orders and field orders. (7) Other contract modifications. (8) Field test records. (9) Correspondence. 1. Store record documents in an approved location apart from documents used for construction. Do not use record documents for construction purposes. Provide files and racks for orderly storage. Maintain documents in clean, dry, legible condition. Make documents and samples available at all times for inspection by the Engineer. 120.03 MARKING DEVICES Mark all changes legibly in red ink. 120.04 RECORDING A. Keep record documents current. Do not permanently conceal any work until required information has been recorded. B. Label each document "PROJECT RECORD" in neat, large, printed letters. Legibly mark TS 120-1 contract drawings to record actual construction: (1) Alignment and profile, and location and depth of appurtenances. (2) Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. (3) Location of internal utilities and appurtenances referenced to permanent surface improvements. (4) Field changes of dimension and detail. (5) Changes made by change order or field order. (6) Details not on original contract drawings. C. Legibly mark specifications and addenda to record: (1) Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. (2) Changes made by change order or field order. (3) Other matters not originally specified. D. Legibly annotate shop drawings to record changes made after review. 120.05 SUBMITTAL A. At project completion, deliver record documents to the Engineer. Place all letter-sized material in a 3-ring binder, neatly indexed. Bind contract drawings and shop drawings in rolls of convenient size for ease of handling. B. Accompany the submittal with a transmittal letter in duplicate, containing (1) Date. (2) Project title and number. (3) Contractor's name and address. (4) Title and number of each record document. (5) Certification that each document as submitted is complete and accurate. (6) Signature of Contractor. TS 120-2 ITEM 125 SUBSURFACE CONDITIONS 125.01 DESCRIPTION A subsurface soil investigation has been conducted as part of this project. This information can be found in the Appendices. The Contractor may, with the permission of the Engineer, conduct his own subsurface investigation to establish the condition of the soil. Neither this specification nor any other portion of the Plans and Specifications shall be construed as being a warrant of subsurface conditions. 125.02 ADDITIONAL INFORMATION Bidders should visit the proposed project site to acquaint themselves with the site conditions prior to bidding on the project. 125.03 CONSTRUCTION METHODS The Contractor shall submit a plan of construction, including sketches and other information, covering in detail his proposed construction methods,procedures, and equipment. TS 125-1 ITEM 130 CLEARING AND GRUBBING 130.01 SCOPE Clearing and grubbing shall consist of the removal and disposal of trees, stumps, brush, roots, vegetation, logs,rubbish and other objectionable matter. 130.02 CONSTRUCTION METHODS The entire street or drainage right-of-way and/or other specified areas shall be cleared,except such trees and brush as may be designated by the Engineer for preservation. Trees and brush designated to be left in place shall be carefully trimmed as directed and shall be protected from scarring, barking or other injuries during construction operations. When directed by the Engineer, this item shall receive priority and shall be completed throughout the project. Areas required for embankment construction,roadway, channel and structural excavation, and for storm sewer construction shall be cleared and grubbed. On areas required for roadway, channel or structural excavation and for storm sewer construction, all stumps,roots, etc., shall be removed to a depth of at least two (2) feet below the existing ground surface or the surface of the concrete liner for channel work. All holes remaining after clearing and grubbing shall be backfilled and compacted to a density equal to the existing natural ground with Select Fill and compacted as required in other sections of these specifications or as directed by the Engineer. All cleared and grubbed material shall become the property of the Contractor and shall be disposed of at the Contractor's expense. Contractor shall dispose of cleared and grubbed material in an approved method according to State and Federal regulations. Contractor shall submit documentation from disposal location that it is permitted to accept the types of materials generated from this site. 130.03 MEASUREMENT AND PAYMENT When specifically included as a Bid Item, Clearing and Grubbing performed as specified herein, will be measured by the acre of surface area as measured on the ground within the limits designated on the plans. All work performed satisfactorily as specified and measured as herein provided shall be paid for at the unit price bid for"Clearing and Grubbing"which price shall be full compensation for furnishing all labor,materials, equipment, tools, supplies and incidentals necessary to perform the work as specified. When not included as a Bid Item, Clearing and Grubbing and the associated select fill for filling holes from the Clearing and Grubbing activities will not be paid for directly but will be considered subsidiary to pay items. END OF SECTION TS 130-1 ITEM 140 EMBANKMENT AND FILL 140.01 DESCRIPTION This item shall govern the placement and compaction of all materials obtained from roadway, borrow, channel, structural excavation and purchased material for utilization in the construction of roadway embankments, levees, dykes, concrete slabs, and all other areas or items which require fill. 140.02 FILL MATERIAL GENERAL All fill material shall be free from all humus or organic debris, inorganic silt, and gravel larger than three (3") inches. The fill material shall not contain highly expansive or compressible clays, highly plastic soils, very loose sand and silts, or other poorly drained soils. No large lumps or clods will be permitted, and material should be friable. Very moist or dry material shall not be used until the material has been reworked to proper moisture content. Trees, stumps, roots, and other vegetation shall not be placed in fills and embankments. Unless otherwise indicated on the plans,the surface of ground of all unpaved areas other than rock which are to receive embankment shall be loosened by scarifying or plowing to a depth of not less than 4 inches. The loosened material shall be recompacted with the new embankment as hereinafter specified. 1. Select Fill - Unless otherwise required by the plans, select fill material shall be composed of native material or material obtained from borrow, channel, or structural excavations as approved by the Engineer. The select material may be composed of graded sand-clay mixtures; graded gravel (less than three(3")inches)with sand-clay binder; and/or sand as may be required for structural,road, or embankment fill. Sand-clay material should be 50-70% sand and 30-50% clay with sand size range being that portion passing a#10 sieve and retained on a#270 sieve, or as approved by the Engineer. Sand - Sand shall consist of clean sand or clean bank sand free from clay, clay lumps, shale,loam,organic matter,or excessive amounts of silt or other deleterious materials. The sand shall have a maximum plasticity index of seven (7), with not more than forty (40%)percent passing a#200 sieve. TS 140-1 140.03 CONSTRUCTION METHODS Preparation and Scarifying - Fill and embankment shall not be placed until stripping and/or clearing and grubbing has been completed for the excavation sources and for the proposed fill areas. Stump holes or other small excavations in the limits of the embankment shall be backfilled with select fill and thoroughly tamped by approved methods before commencing embankment or other fill construction. The surface of the ground, including plowed, loosened ground, or surface roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods. Where indicated on plans or required by the Engineer, the ground surface thus prepared shall be compacted by sprinkling and rolling. Where embankments are to be placed adjacent to or over existing roadbeds, or levees, the existing slopes shall be plowed or scarified to a depth of not less than four(4")inches and the embankment built up in successive layers, as hereinafter specified, to the level of the Engineer, the top of the old bed shall be scarified and re-compacted with the next layer of the new embankment. The total depth of the scarified and added material shall not exceed the permissible depth of layer. Other areas shall be scarified to the satisfaction of the Engineer before placing any fill material. Layer Construction -Unless otherwise required by the plans, all fill shall be constructed in layers approximately parallel to finished grade,covering the full length and width of the fill area. Layers of embankment for roadbeds, levees, or similar purposes shall have a uniform slope of one-fourth (1/4")inch per foot from the centerline of the roadbed to the outside unless otherwise indicated on the plans. Fill under structures and roads shall be placed in eight(8")inch maximum layers(measured loose). Where fill to subgrade is less than six (6") inches, the ground shall be scarified to a depth of six (6") inches and compacted as specified. All fill shall be placed to subgrade elevation without addition of topsoil. Fill not covered by structures or roads shall be placed in ten(10")inch maximum layers(measured loose). This fill shall be placed within four(4") inches of fmish grade unless otherwise specified by the plans. Four (4") inches of topsoil shall be placed over these fill areas within limits shown on plans,unless otherwise indicated. Regardless of the fill location, fill shall be placed in six (6") inch maximum layers (measured loose) when pneumatic tire rollers are used. Spreading, Sprinkling, and Compaction. Layers of fill may be placed by equipment which will spread the material as it is dumped; or the material may be dumped in piles or windrows, then spread evenly by blading or other acceptable method. Each layer of fill shall be uniform as to material, density, and moisture content before beginning compaction. Where layers of unlike materials abut each other, each layer shall be feather-edged or the material shall be so mixed as to prevent abrupt change in the soil. No material placed in the fill area by dumping in a pile or windrow shall be incorporated in a layer in that position, but all such piles or windrows shall be moved by blading or similar methods. TS 140-2 Clods or lumps shall be broken and the fill material mixed by blading, harrowing, or similar methods, so that a uniform material of uniform density is secured in each layer. All fill shall be compacted at or near optimum moisture for maximum compaction. Water needed to bring the material to this moisture level shall be evenly applied, and the Contractor shall secure a uniform moisture content throughout the layer by such methods as may be necessary. In order to facilitate uniform wetting of the fill material, the Contractor may apply water at the material source if the sequence and methods used are such as not to cause an undue waste of water. Such procedure shall be subject to the approval of the Engineer. Each layer of fill shall be compacted until there is no evidence of further compaction. The material shall be kept leveled with suitable equipment to insure uniform compaction over the entire layer. Where the placement method above is impractical, such as fill placed against buildings, retaining walls, or structural walls, the material shall be compacted with mechanical tampers. Layers shall not exceed six(6")inches in depth,and moisture content must be suitable for effective compaction by this method. Shaping. Fill areas and embankments shall be constructed to the rough and final grade established by the Engineer. Completed embankments shall correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section of slopes established by the Engineer. After completion of the earthwork,the embankment shall be continuously maintained to its finished section and grade until the project is accepted. Compaction Requirements. Minimum density of fill shall be ninety-five (95%) percent standard Proctor (Maximum Density - Optimum Moisture), as per ASTM D698. This requirement shall also apply to undisturbed native soil that will directly support load bearing members. Should the subgrade, due to any reason or cause, lose the required stability, density or finish before the pavement structure is placed, it shall be recompacted and refinished at the sole expense of the Contractor. Excessive loss of moisture in the subgrade shall be prevented by sprinkling, sealing or covering with a subsequent layer or granular material. Excessive loss of moisture shall be construed to exist when the subgrade soil moisture content is more than 4 percent below the optimum of compaction ratio density. Testing. The Contractor shall have all necessary laboratory testing performed at his own expense by a commercial laboratory acceptable to the Engineer. Required material tests prior to fill placement are as follows: 1. At least one (1)proctor needle plasticity test for each material type to be used in fill areas. 2. At least one (1)Atterberg limit test per 500 cu. yds. of material for each material source. Required density tests following compaction are as follows: 1. At least one test per lift per 5000 sq. ft. under building sites, structures, or parking lots. 2. At least one test per 150 linear ft. in levee and roadway areas. TS 140-3 Waste Materials. The Contractor shall waste stripped materials from areas so indicated on the plans. Waste material shall be spread over designated areas as directed by the Engineer, dressed by blading, and sloped to provide drainage. Final Cleanup and Dress Up. Washes, ruts, depressions, and mounds shall be leveled to give the site a smooth finish. All areas outside of the limits of the concrete liner shall be dress and graded to provide positive slope toward the top edge of the drainage ditch. 140.04 MEASUREMENT AND PAYMENT Embankment or general fill construction will be measured in its original position and the volume computed in cubic yards by the method of average end areas. When specifically included as a bid item,payment will be made at the unit price bid per cubic yard of Embankment or fill construction,measured as provided herein,for the actual quantity excavated within the theoretical section specified. Partial or final payments shall be full compensation for furnishing all labor, materials, equipment and incidentals required to complete the work as specified. When not included as a specific Bid Item, any and all required fill and or backfill shall be subsidiary to other Bid Items. Interim measurements of embankment construction shall be made by the Contractor while the final grade inspection and volume calculations will be made by the Owner for final payment. The method of volume calculations shall be the average end area or other Engineer approved method. END OF SECTION TS 140-4 ITEM 150 EXISTING UTILITIES 150.01 DESCRIPTION Utility locations shown on the plans are for informational purposes only and are not exact. The Contractor shall be responsible for locating and protecting all utility lines during construction. The Contractor shall be responsible for any damage to existing utilities and shall promptly repair same, or make arrangements for such repair with the Owner of the utility involved. 150.02 CONSTRUCTION METHOD In all cases the Contractor shall coordinate his work with the Owners of the various utilities and shall notify their proper representative not less than forty-eight (48)hours in advance of any work which might damage, interfere with or require adjustments to utilities along or adjacent to the work. All utility adjustments shall be the responsibility of the Owners of the utilities and if in the opinion of the Engineer adjustment is required, the Contractor will be responsible for notifying the respective owner. 150.03 PAYMENT Payment for this item will be subsidiary to other items. END SECTION TS 150-1 ITEM 160 STRUCTURAL EXCAVATION, FOUNDATIONS, & BACKFILL 160.01 DESCRIPTION This item shall provide for the removal of all earth, rock, water, and other materials, as necessary for the construction of the facilities shown on the plans. This item shall include preparing the subgrade and/or sub-base for the foundation of the facilities and backfilling around the facilities to the grades established by the plans or as required by the Engineer. 160.02 EXCAVATION AND FOUNDATIONS A. General. Excavations shall be sized as necessary for the construction of the work in the manner, shape, and size shown on the plans. Excavation shall extend a sufficient distance from the walls to allow for placing and removal of forms, installation of piping, and inspection. The sides of the excavation shall be laid back or stepped when warranted by the soil conditions encountered, or when directed by the Engineer. The Contractor shall furnish any necessary temporary supports for piping and structures within the excavation, at no extra compensations. All work shall conform to the trench safety specification in this contract. Final trimming and bottom excavation shall be done just prior to placing of steel and concrete to insure a firm footing base. If such bases become softened, the Contractor shall excavate to firm material by facing and concreting to replace the softened material at no extra compensation. When caissons are used for excavation,no excavation shall be made outside the outer face of the caisson. B. Seal Slabs. The contractor may, at his option and at no extra compensation, provide a seal slab underneath a proposed structural slab. The seal slab shall cover the bottom of the excavation on which the structure will rest, as shown on the plans. The Contractor shall excavate to the depth required for the seal slab, performing final excavation to grade just before placement of the seal slab. C. Protection of Excavations. Excavations shall be protected from rainfall and surface water. If bearing values of supporting soils are affected by excessive moisture or drying, the Contractor shall excavate deeper and/or wider at no cost to the Owner. The Contractor shall pump or bail from the foundation enclosure if necessary to prevent water from moving through or alongside concrete being placed. No pumping or bailing shall be done during concrete placement. Pumping or bailing for dewatering sealed cofferdams shall not be started until the seal has set for at least 36 hours. 160.03 STRUCTURAL BACKFILLING TS 160-1 The backfill material shall consist of excavated clay soils or an imported clay or sand. Granular backfill with less than 12 percent passing the No.200 sieve shall be compacted to a relative density between 60 and 70 percent. Sand with more than 12 percent passing the No. 200 sieve or clay backfill shall be compacted to a minimum of 90 percent of the maximum density as defined by the standard moisture-density relationship (ASTM D-698). If the Contractor uses sand backfill, a minimum of 24-inch thick clay cover shall be used. All backfilling shall be deposited in layers of not more than six (6) inches thick and shall be compacted to the density of the surrounding soil. No backfill may be placed against a concrete wall until the concrete has cured at least seven(7) days and the forms have been removed. In the case of a concrete box or similar underground structure, no backfill may be placed adjacent to or over the structure until the top slab has attained 500 psi flexural strength. Before placing backfill against walls of a partially completed structure, the Contractor shall determine from the Engineer whether the design features of the wall will permit such backfilling operations. The Contractor shall exercise care to prevent wedging action of backfill against structures, including stepping or serrating adjacent slopes if necessary. Unless otherwise authorized by the Engineer, all backfilling shall be performed in the presence of the Engineer or his authorized representative. TS 160-2 ITEM 190 REMOVING OLD STRUCTURES 190.01 DESCRIPTION This item shall provide for the removal and disposal of old structures or portions of old structures, as noted on the plans, and shall include all excavation and backfilling necessary to complete the removal. The work shall be done in accordance with the provisions of these specifications. 190.02 METHOD OF REMOVAL Concrete Structures: Concrete structures or concrete portions of structures shall be removed by sledging the concrete into sizes not larger than one cubic foot. (Except designated salvageable items such as concrete pipe,beams, pilings, etc.). Concrete portions of structures below the permanent ground line or beyond the concrete slope liner,which will not interfere in any manner with the proposed construction, may be left in place. The removal shall be carried at least two (2) feet below the permanent ground line or two (2) feet below beyond the top edge or slope of the concrete liner and neatly squared off. Reinforcement shall be cut off at the surface of the remaining concrete. Timber Structures: Timber structures or timber portion of structures shall be removed in such manner as to damage the timber for further use as little as possible. All bolts and nails shall be removed from such lumber as deemed salvageable by the Engineer. Unless otherwise specified on the plans,timber piles shall be either pulled or cut off at a point not less than two (2) feet below ground line or the top edge or slope of the concrete liner, with the choice between these two methods resting with the Contractor. Salvage: All material such as pipes, timbers, railings, concrete beams, etc., which the Engineer deems as salvageable for re-use shall be carefully removed and placed within the right-of-way at convenient loading points which will not interfere with traffic of construction. All of these materials shall be the property of the Owner. When specified, salvaged materials shall be hauled to a storage site designated by the Owner to be off loaded by the Contractor. Where temporary structures are necessary for a detour adjacent to the present structure, the Contractor will be permitted to use the material in the old structure for detour structure. As soon as the new structure is opened for traffic the Contractor shall dismantle and stack or dispose of the material as required above. Disposal: All removed materials which are not deemed salvageable by the Engineer shall become the property of the Contractor and shall be disposed of according to State and Federal regulatory rules and regulations and in a manner which is satisfactory to the Engineer. Backfill: All excavations made in connection with this item and all openings below the natural ground line or caused by the removal of old structures or portions thereof shall be backfilled with TS 190-1 select Fill to the level of the original ground line,unless otherwise provided on the plans. That portion of the backfill which will support any portion of a roadbed, road paving or embankment shall be placed in layers shall be placed in 8" lifts. Material in each layer shall be wetted uniformly if required and shall be compacted to the density required in the adjoining embankment. In places inaccessible to blading and rolling equipment, mechanical or hand tamps or rammers shall be used to obtain the required compaction. Backfill which will support any portion of a channel liner shall be placed in 8"lifts and compacted to the same density as the surrounding undisturbed soil using Select Fill. Special backfill material may be required by the specifications for the structure. That portion of the backfill which will not support any portion of a roadbed, embankment, nor channel liner shall be placed in 8"lifts or as directed by the Engineer in such a manner and to such state of compaction as will preclude objectionable amounts of settlement. 190.03 MEASUREMENT AND PAYMENT Unless specifically provided for in the Bid Form, direct pay will NOT be made for this work and payment shall be considered subsidiary to pay items provided. When provided for in the Bid Form, payment shall include all work associated with the removal, hauling, and disposal or relocation and/or salvage of existing structures and shall be at the lump sum price bid for such work. TS 190-2 ITEM 275 CHANNEL EXCAVATION 275.01 GENERAL This item shall govern for all excavation and disposal required to produce a clear channel or other excavated area to the dimensions and in the location indicated on the plans. When Concrete Liner is proposed, attention is directed to provisions of"Excavation" under the item "Concrete Lining". 275.02 CONSTRUCTION METHODS Excavation shall be made using suitable excavating equipment and shall be performed in an orderly and workmanlike manner. The fmal cross section of the channel or other excavated area shall conform to the typical cross sections and required lines and grades as indicated on the plans unless otherwise directed by the Engineer. 275.03 DISPOSITION OF EXCAVATED MATERIALS All excavated material shall be disposed by the contractor at no additional cost to the Owner. Additional offsite location of excavated material placement shall be approved by the Owner. Any excess excavated material that can be classified as "Select Fill" may be used as fill for ruts for the general grading and for backfill at the top of the concrete liner in areas and to depths indicated on the plans. Excavated material used for fill shall be bladed to leave a smooth and neat appearance upon completion of the work. Care will be taken in the disposition of excavated material to prevent the blockage of natural or existing drainage. Unless otherwise directed by the engineer, existing ditches or swales shall not be filled with spoil material. 275.04 MEASUREMENT AND PAYMENT Channel Excavation will be measured in its original position and the volume computed in cubic yards by the method of average end areas. Measurement shall only be made to the specified lines and grades. Excavation made in excess of the specified section will not be measured for payment. When Concrete Lining is proposed, excavation measurement will be calculated to the top surface of the proposed concrete. Excavation necessary for the construction of concrete lining as detailed in the plans including excavation necessary for toe walls, downspouts, and the top edge detail or the placement of structural backfill will be subsidiary to pay items. TS 275-1 When specifically included as a bid item,payment will be made at the unit price bid per cubic yard of Channel Excavation, measured as provided herein, for the actual quantity excavated within the design section specified. The price shall be full compensation for furnishing all labor, materials, equipment and incidentals required to complete the work as specified. END OF SECTION TS 275-2 ITEM 300 CONCRETE LINING CONCRETE WALLS AND CONCRETE BOTTOM 300.01 SCOPE This item shall govern the furnishing and placing of concrete lining, also referred to as riprap, and concrete walls and bottom in the proposed channel to the lines and grades indicated on the plans. 300.02 MATERIALS Concrete shall be "Class A" and shall conform to the requirements of the item "General Concrete Specifications". Steel reinforcement shall conform to the requirements of the item "Reinforcing Steel" and shall be of the sizes and configuration indicated on the plans. 300.03 CONSTRUCTION METHODS Excavation: The subgrade shall be finished to the required section by hand and/or by suitable excavation equipment. Prior to placement of concrete, the subgrade will be checked by the Contractor for accuracy of the section by use of a properly constructed template or survey verified information. If the existing channel lies beyond the limits of the proposed section,or if the Contractor excavates beyond the limits of the proposed section, select fill material will be required as follows: Prior to placement of concrete,the section will be overfilled,the select fill material compacted as directed by the Engineer, and then excavated to the required section. Furnishing,placing, compacting, and excavating of fill material will be considered subsidiary to this item and no extra payment will be made. If subgrade material is found to be unstable,(i.e.,the bottom of slopes are too soft to provide proper subgrade for the concrete lining) excavation will be made in accordance with the item "Channel Excavation"beyond the limits of the proposed section as directed by the Engineer. The fill section will be handled according to the preceding paragraph within this item. However, if over- excavation of the subgrade becomes necessary due to exposure of the subgrade to water,excavated material will not be measured for payment as described in the item"Channel Excavation",but will be considered subsidiary to this item. Structural backfill in the liner bottom area may be used if directed by the Engineer as an alternate working bottom for the construction of the concrete liner bottom. Structural backfill shall consist of crushed,broken, or gravel aggregate of sufficient size and gradation to allow water to percolate or approved equal depending on availability of material. Payment will be made by truck weight for 4 inch thickness only. Extra thickness of structural backfill will not be paid for. TS 300-1 Unless otherwise indicated on the plans, toewalls will be constructed at the top and bottom of slopes and along the upstream and downstream edges of all riprap sections. Excavation for toewalls will not be measured for payment,but will be considered subsidiary to this item. Concrete: Construction joints formed at the close of each days work, or when the process of depositing concrete is stopped for thirty minutes or longer, shall be constructed by using a clean wooden bulkhead having a minimum thickness of two inches. No concrete will be allowed to protrude beyond the construction joint onto the adjacent subgrade. Reinforcing steel shall be continuous through construction joints. Extra steel may be required in bottom construction joints as indicated on the plans. Keyed joints shall be spaced at a maximum distance of 20 ft, the beginning and ending points of transitions, at the toe of ramps, the beginning and ending points of curves, at the toe of ramps and other locations indicated on the plans. Finishing may be by hand or machine methods. Wooden or metal floats will be used to press the concrete into place and to provide an even surface. Final finish may be by brooming, belting or other approved method for obtaining a smooth surface. The surface of the lining, after finishing, shall be smooth and true to the established line, grade and cross section. While the concrete is still workable,it shall be tested for irregularities with a ten(10')foot straightedge placed parallel to the centerline of the ditch. Any surface irregularities exceeding one (1") inch shall be reworked and refinished. Curing shall be in accordance with the item"General Concrete Specifications." Tolerance of thickness shall be as follows: Concrete lining shall have an average thickness equal to that shown on the plans, with a tolerance of one-fourth (1/4) inch. In determining the average thickness,that portion which is more than one-half(1/2)inch in thickness greater than the thickness called for on the plans will not be taken in account. No additional payment will be made for lining, the average thickness of which is greater than the thickness shown on the plans. Backfill behind the top of the completed lining and final grading of the slope above the lining to conform to the proposed section will be considered an integral part of this item necessary for completion. Backfill will be performed in such a manner as to minimize air voids behind the lining. Wet or excessively coarse material will not be allowed. Backfill shall be placed and compacted to the density of the surrounding natural ground. If settlement of the backfill occurs, more backfill will be required until no more settlement is apparent. Unless otherwise noted, existing lateral ditches or swales will be lined(as specified herein) at the point of entry into the proposed lining. Dimensions and limits shall be as shown in the plans and specifications. Payment will be made as provided herein. MEASUREMENT AND PAYMENT TS 300-2 Concrete lining will be measured by the square yard of surface area exposed of completed and accepted lining. Concrete channel slope walls and bottoms will be measured by the square yard of surface area exposed of completed and accepted channel slope walls and bottom. The quantity of toe wall construction is subsidiary to other concrete lining bid items. Payment for concrete lining will be made at the unit price bid per square yard for the Concrete Lining Bid Items which price shall include all fine grading, filling, rolling, and preparing the subgrade, furnishing and placing of reinforcing steel and portland cement concrete, finishing, curing, and backfilling the concrete lining, and all labor, materials, tools and equipment and incidentals necessary to complete the work. Payment for concrete lining shall be made based on the following percentages: Placement of new concrete lining 70% Backfill of new lining and clean up work area. 30% When not included as a Bid Item, this item will not be paid for directly but will be considered subsidiary to pay items. END OF SECTION TS 300-3 ITEM 325 GENERAL CONCRETE SPECIFICATIONS 325.01 SCOPE These specifications shall govern for the materials used, for the storing, measuring and handling of materials, and for the proportioning and mixing of concrete for construction as required on this project. 325.02 GENERAL Concrete shall be of the class indicated in the plans and shall be composed of Portland cement, mineral filler if necessary, fine aggregate, course aggregate, and water proportioned and mixed as specified herein. All concrete shall conform to and be placed in accordance with the latest revision of the American Concrete Institute's Building Code Requirements for Reinforced Concrete. 325.03 MATERIALS Cement shall be Type I Portland Cement,the composition,marking,handling and storage of which shall conform to ASTM C-150. Type III (High Early Strength) cement may be used if approved by the Engineer. Cement which has become damp, lumpy or otherwise affected so as to reduce its strength shall not be used in the work. The Contractors shall furnish the Engineer with Certified Mill Test Reports for all cement used in the work. Fibermesh (where required) shall be 100% virgin polypropylene, fibrillated fibers manufactured for use as a concrete reinforcement. The fibers shall not contain any reprocessed olefin materials. A minimum of 1.5 pounds shall be used for each cubic yard of concrete. Aggregates shall be clean,uncoated,and free of any impurities other than nominal amounts of fine clay, the limits of which are specified herein. Aggregates shall conform to ASTM C-33 except that the gradation shall be within limits specified below: 325.04 FINE AGGREGATE COARSE AGGREGATE %Passing Sieve Size Passing Sieve Size 1-1/2" 1" 3/4" 4 95-100 1-1/2" 95-100 100 0-5 1" 90-100 3/4" 40-70 90-100 y2" 25-60 3/8" 10-30 #4 0-10 0-10 0-10 Clay - 3% Max. Clay - 1% Max. TS 325-1 325.05 MISCELLANEOUS Water shall be clean and free from injurious amounts of oil, acid, alkali, organic matter, or other deleterious substances. Bar Supports (chairs) shall be plastic, plastic protected wire, stainless steel, or precast concrete supports. Precast concrete bar supports shall be wedge-shaped, not larger than 3- 1/2 X 3-1/2 inches and of thickness equal to that indicated for concrete cover and shall have an embedded hooked tie wire for anchorage. Metal Accessories shall be spacers, chairs, ties, and other approved devices necessary for properly assembling, spacing and supporting the reinforcement in place. Expansion Joint Material shall be premolded saturated felt,or other approved material, not less than plan thickness and as wide as the slab depth. 325.06 MIXING AND PROPORTIONING Concrete may be proportioned and mixed on the job, dry-batched for mixing on the job, or procured from a "ready mixed" concrete plant. Concrete mix designs shall be submitted to Engineer prior to placement for approval. If"ready mixed", the mixing and transportation operations shall conform to ASTM C-94. Mixing water shall not be added after a truck has left the plant. No concrete shall be used in the work which has been held longer than one hour in a mixer truck. If dry-batching to the job site, the batching plant operation shall conform to ASTM C-94. Transportation of dry materials shall be performed in such manner as to prevent loss, segregation or contamination of the ingredients. If job-proportioned and mixed, the aggregate shall be stockpiled separately and handled in such a manner as to prevent the inclusion of any foreign materials. Cement shall be stored in a watertight building with the floor off the ground. Except for emergency hand-mixing under approved conditions, all concrete shall be machine-mixed in an approved type mixer for a minimum period of 1-1/2 minutes in a drum rotating at the peripheral speed of about 200 feet per minute. Aggregate shall be proportioned by weight unless a satisfactory volumetric method of measure is approved by the Engineer. The use of fractional sacks of cement will not be permitted unless the cement is proportioned by weight. Free moisture content of aggregate shall be included as a portion of the mix water required. Revamping of partially hardened concrete or mortar will not be permitted. The concrete shall be uniform and workable. The minimum cement content, maximum allowable water content and slump, and minimum strength shall conform to the following: TS 325-2 MIN. MIN. COMPRESSIVE MINIMUM FLEXURAL CEMENT CLASS OF STRENGTH @ 28 DAYS STRENGTH @ 7 DAYS CONTENT CONCRETE P.S.I. P.S.I. SACKS A 3000 550 5.0 B 2000 375 4.0 C 3600 600 6.0 D 1500 250 3.0 K(with super 3000 (24 hour) - 7.0 Plastisizer) MAX. MAX.ALLOWABLE SLUMP MAXIMUM WATER (INCHES) CLASS OF AGGREGATE CEMENT FOR HAND FOR MACHINE CONCRETE SIZE RATIO PLACMENT PLACEMENT A 1-1/2" 6.5 4 2 B 1-1/2" 8.0 3 1-1/2 C 1-1/2" 6.0 4 2 D 2-1/2" 11.0 2-1/2 2 K 1" 0.4 8 8 To conform with the requirements of these specifications, the average of all the strength tests representing each class of concrete as well as the average of any five consecutive strength tests representing each class of concrete shall be equal to or greater than the specified strength and no strength test shall be less than 80 percent of the specified strength. 325.07 TESTING All testing shall be paid for by the Contractor and shall be subsidiary to the bid items. Slump Test: The contractor shall perform a slump test on the concrete prior to placing. The slump shall be no greater than those provided for in this section. Strength Tests:. Concrete samples for compression testing taken for each class of concrete placed each day not less than once per day nor less than once for 150 cubic yards of concrete poured and one for each 5,000 square feet of surface area of slabs and/or walls. A minimum of four (4) samples will be taken. On a given project, if total volume of concrete is such that frequency of testing required would provide less than five strength tests for a given class of concrete, tests shall be made from at least five randomly selected batches or from each batch if fewer than five batches are used. Average strength of two cylinders from the same sample tested at 28 days or the specified earlier age is required for each test. Tests shall be made at 7, 14, and 28 days or at other frequencies agreed upon by the Engineer for High/Early concrete. Samples for strength tests shall be taken in accordance with"Method of Sampling Fresh Concrete" (ASTM C-172). Cylinders for strength tests shall be molded and laboratory cured in accordance with "Method of Making and Curing Concrete Test Specimens in the Field" (ASTM C-31) and TS 325-3 tested in accordance with "Method of Test for Compressive Strength of Cylindrical Concrete Specimens" (ASTM C-39). Strength level of an individual class of concrete shall be considered satisfactory if both of the following requirements are met: A. The average of all sets of three consecutive strength tests equal or exceed required fc. B. No individual strength test (average of two cylinders) falls below required fc by more than 500 psi. 325.08 FORMS General: Forms shall be so constructed that the finished concrete will conform to the shape, line, grades,and dimensions indicated on the drawings. Lumber used in the forms for exposed surfaces shall be dressed to a uniform thickness and shall be horizontal or vertical. Lumber once used in forms, or used lumber, shall be cleaned and satisfactorily reconditioned. Design: (A) Forms shall be sufficiently tight to prevent the leakage of mortar. They shall be properly shored,braced, and otherwise supported so as to maintain the desired position and shape during and after placing concrete. (B) Bolts and rods shall be used for interval ties; they shall be so arranged that when the forms are removed, no metal shall be within one (1") inch of any surface. (C) If conditions are favorable, the Engineers may permit the use of earth forms for trenches or footings;in which case the bottom shall be level,clean and without fill; and the sides shall be even and clean and unless otherwise shown, shall be vertical. Molding: Suitable moldings or bevels shall be placed in the angles of forms to round or bevel the edges of the concrete where such shaping is shown on the drawing or where directed by the Engineer. Oiling: The inside of forms shall be coated with a non-staining mineral oil or other approved material. Oil shall be applied before the reinforcement is placed. Clean-out Opening: Temporary openings shall be provided at the base of column and wall forms and at other points where necessary to facilitate cleaning and inspection immediately before depositing concrete. Form Removal: The removal of forms shall be subject to the Engineer's approval and shall not be started until the concrete has attained the necessary strength to support its own weight and any construction live loads. 325.09 DEPOSITING CONCRETE General: No concrete shall be placed until the forms and other conditions are approved by the TS 325-4 Engineer,and until all pipes,conduits, sleeves,thimbles hangers,flashing and other items required to be placed in the concrete have been properly installed. Temperature: Concrete may be placed when the temperature is 45EF,or more and rising,provided there is no reason to expect a drop in temperature to below 45EF within 12 hours of the placement of the pour. Concrete may not be placed when the temperature of the concrete is more than 90EF. Cleaning: Hardened concrete and foreign materials shall be removed from the inner surfaces of mixing and conveying equipment before any concrete is mixed. Before depositing concrete, forms shall be thoroughly wetted and all debris removed. Removal of Water: Water shall be removed from the space to be occupied by concrete and any continuous flow of water shall be diverted to a sump or removed by pumping. Handling: Concrete during and immediately after depositing shall be thoroughly compacted by means of suitable tools. The use of approved type of mechanical vibration is recommended and urged. Depositing Continuously: Concrete shall be deposited continuously or in layers of such thickness that no concrete shall be deposited against concrete which has hardened. If a section cannot be placed continuously, construction joints may be located at points as provided for in the drawings or approved by the Engineer. Before depositing new concrete against old, the forms shall be retightened, the hardened surfaces cleaned and covered with a coating of mortar of neat cement grout. 325.10 CURING AND PROTECTION General: All concrete shall be cured by an approved method for the period of time given below before the concrete is subjected to any loads or until concrete has reached 95% of its design strength: Type III Portland Cement 3 days Type I Portland Cement 7 days Type II Portland Cement 14 days Immediately after placement, concrete shall be protected from premature drying, extremes in temperatures, rapid temperature changes, mechanical injury, and injury from rain and flowing water. All materials and equipment needed for adequate curing and protection shall be available and at the job site prior to start of concrete placement. Concrete shall be protected from the damaging effects of rain for 12 hours, flowing water for 14 days and direct rays of the sun for 3 days. All concrete shall be adequately protected from damage. No fire nor excessive heat shall be permitted near nor in direct contact with concrete at any time. Moist Curing: Concrete moist-cured shall be maintained continuously (not periodically) wet for the entire curing period. If water or curing materials used stain or discolor concrete surfaces which are to be permanently exposed, they shall be cleaned as required by the Engineer. When wooden form sheathing is left in place during curing, the sheathing shall be kept wet at all times. TS 325-5 Horizontal surfaces shall be cured by ponding,by covering with a minimum uniform thickness of two (2") inches continuously saturated sand, or by covering with saturated non-staining burlap or cotton mats or sealed impervious sheet materials. . .the following exceptions are permitted: 1) Horizontal construction joints may be allowed to dry for twelve (12) hours immediately prior to placing of the following lift. 2) Where insulation is approved for cold weather protection, all joints in the insulation shall be sealed to prevent moisture loss and maintained sealed throughout curing period. Membrane Curing: Any surface to which concrete, paint, sack rubbed finish or any subsequent treatment that depends on adhesion or bonding to the concrete shall not be cured with curing compound. Curing compound shall be of an approved pigmented or non-pigmented type. On surfaces permanently exposed to view, the non-pigmented type containing a fugitive dye shall be shaded from direct rays of the sun for the first seven days of the curing period. The curing compound shall be applied to formed surfaces immediately after the forms are removed and prior to any patching or other surface treatment except the cleaning of loose sand,mortar, and debris from the surface. The surfaces shall be thoroughly moistened with water and curing compound applied to unformed surfaces as soon as free water has disappeared. Curing compound shall be applied per manufacturer's recommendations. Concrete surfaces on which the curing compound has been applied shall be adequately protected for the duration of the entire curing period from pedestrian and vehicular traffic and from any other cause which will disrupt the continuity of the curing membrane. 325.11 FINISHED EXPOSED SURFACES The type of surface finish shall be one of the three types herein described as called for on the plans or in the special provisions. Where the plans do not specify the type of surface finish, Type I Surface Finish shall be used. Type I Surface Finish: All walls, railing, curbs, the underside of overhanging beams, the outside and bottom of exterior girders of fascia beams,and all portions of piers,columns,bents,abutments, retaining walls, and culverts which are exposed to view after backfill and roadway embankments are placed shall be surface finished with a first and second rubbing as hereinafter described. The area inside of culvert barrels including both sidewalls and the underside of the top slab shall be a distance equal to one-third (1/3) the clearance height but not less than eighteen (18) inches shall be considered exposed to view. Forms for all surfaces that are to be finished as specified above shall be face lined with a lining material such as Masonite or plywood. Type II Surface Finish: All concrete portions of railing and the top and roadway faces of all curbs, including ear walls, on bridges and culverts shall be surface finished with a first and second rubbing as hereinafter described. The following concrete surfaces, while not required to be rubbed, shall be made of smooth and TS 325-6 uniform texture by face lining the forms with a lining material such as masonite or plywood; the outside vertical face of curbs and slabs, the underside of overhanging slabs, and all portions of piers, columns, bents, abutments, culverts, and retaining walls which are exposed to view after backfill. Type III Surface Finish: All concrete portions of railing and top roadway faces of all curbs on bridges and culverts, shall be surface finished with a first rubbing only as hereinafter described. No other rubbing will be required except as hereinafter specified for patching and correcting defective surfaces. No face lining of forms will be required with Type III Surface Finish. The first rubbings shall be performed as follows: as soon as forms are removed, all necessary pointing shall be done. When the pointing has set sufficiently to permit it, all surfaces requiring surface finish shall be wet with a brush and given a first surface rubbing with No. 16 Carborundum Stone or an abrasive of equal quality. The rubbings shall be continued sufficiently to bring the surface to a paste,to remove all form marks and projections and to produce a smooth dense surface without pits or irregularities. The use of cement to form a surface paste will not be permitted. Where a second rubbing is not specified, chamfered corners shall be rubbed in the first rubbing and the material which has been ground to a paste in the rubbing process shall be spread uniformly over all rubbed surfaces by striping with a brush and the mortar on the surface shall be allowed to take a re-set. The surface shall be left with a clean, neat, and uniform appearance and shall be uniform in color. Where a second rubbing is to follow the first rubbing, the material ground into a paste during the first rubbing shall be carefully spread or brushed uniformly over the surface and allowed to take a re-set,but washing down following this first rubbing will not be required. Also,chamfered corners generally shall not be rubbed in the first rubbing if a second rubbing is to follow. The second rubbing, when required, shall be performed as follows: during the process of conditioning the complete structure for fmal acceptance, the surfaces of the entire structure requiring finish shall be given a fmal finish with a No. 30 Carborundum Stone or an abrasive of equal quality. On completion of this rubbing,the surface shall be neatly striped with a brush, and the mortar on the surface shall be allowed to take a re-set. The surface shall then be washed down with clean water. The entire structure shall be left with a clean,neat and uniform appearing finish and shall be uniform in color. The surface of concrete roadway and sidewalk slabs shall be finished by floating, screening and belting. Rubbing of surfaces other than those herein specified will not be required,unless such surfaces are not true or have porous spots or honeycombed areas. In case these defects occur, the areas immediately affected shall be given a first surface rubbing. Such rubbing shall extend over a sufficient area around the blemished portions to blend the rubbed area into the surrounding unfinished surface, but this shall not be construed to require the rubbing of large areas of unblemished surfaces of the portion of the structure in question. 325.12 PATCHING The Contractor shall remove any form ties, projections, or concrete fins. All exposed surfaces having voids, stone pockets, tie holes, honeycombs, or defective areas shall be patched. The TS 325-7 patching mortar shall be sand cement grout with sufficient white Portland cement added to effect a match with the concrete surfaces. Areas to be patched shall be clean, free of loose material and dampened before applying grout. The patched areas shall be rubbed before the grout is set hard to blend into the adjacent areas. Rub finish exposed surfaces from 6 inches below ground surface or from 6 inches below normal water level to top, except for small structures which extend less than 12 inches above fmished grade. 325.13 PAYMENT Payment for concrete in place will be paid for only when specifically included as a bid item. This price shall be full compensation for furnishing, forming, pouring, providing and installing reinforcing steel, finishing, and curing. When not included as a bid item, concrete placement will be considered incidental to pay items. END OF SECTION TS 325-8 ITEM 350 REINFORCING STEEL 350.01 MATERIAL Reinforcing Steel shall be; (1) deformed billet steel bars conforming to ASTM A-615, Grade 60; (2)Welded Steel wire fabric conforming to ASTM A-185 350.02 FABRICATION Reinforcement shall be accurately formed to the dimensions indicated on the drawings. All bars shall be bent cold and shall not be straightened in a manner that will injure the metal. 350.03 CLEANING Metal reinforcement before being placed shall be free from scale,heavy rust and other coating that would reduce the bond. 350.04 PLACING Reinforcement shall be accurately positioned and unless otherwise shown or specified, shall be secured against displacement by using, at intersections, annealed iron pipe wire of not less than #18 gauge or suitable metal clamps. It shall be supported by metal chairs, spacers, or hangers. Reinforcement in floors over earth shall be supported by masonry blocking of suitable height to hold the reinforcement at the proper level. All spacing of bars shall be as shown on the drawings. In general, reinforcement shall be placed, spliced, located, etc., in accordance with the building code requirements for reinforced concrete (ACI 318R-89). 350.05 PAYMENT Reinforcing steel used in structures will be paid for only when specifically included as a bid item in the proposal form at the unit price bid per pound of"Reinforcing Steel" which price shall be full compensation for furnishing,bending, fabricating,welding, and placing the reinforcement; for all the clips, blocks, metal spacers, ties, wire or other materials used for fastening reinforcement in place; and for all tools, labor, equipment, and incidentals necessary to complete the work. When not included as a Bid Item, this item will not be paid for directly but will be considered incidental to pay items provided. END SECTION TS 350-1 ITEM 410 HIGH DENSITY POLYETHYLENE(HDPE)PIPE,FITTINGS AND JOINING/FUSION PART 1 —GENERAL 1.01 SCOPE OF WORK A. This specification covers the material (pipe and fittings),joining methods and general installation practice for high density polyethylene pipe(HDPE)piping systems for use as indicated on the Drawings. 1.02 SUBMITTALS A. Submit product data to the Engineer for review in accordance with Item 01330 for all pipe, fittings, and appurtenances. B. Contractor shall also submit the following to the Engineer for approval: 1. Certified dimensional as-built drawings/profile of all installed pipe, specials and fittings. 2. Details of fittings and specials such as elbows, tees, outlets, connections, test bulkheads, nozzles or other special items where shown on the Construction Drawings. All connections to jointed gasketed pipe materials, valves or fire hydrants must be restrained and supported independently to withstand the pressure transients, soil settlement, and external loading conditions. 3. The Supplier of the material shall submit, through the Contractor, a Certificate of Compliance that the HDPE pipe and fittings furnished for this project meet or exceed the standards set forth in this specification. The Contractor shall submit these certificates to the Engineer prior to installation of the pipe materials. 4. Provide a certification that personnel responsible for fusing the pipe have been trained and qualified per ASTM F3190 C. For items that do not meet all of the requirements of this specification,the bid/submittal shall include a written description of the deviations, along with data that show the magnitude and the justification for the deviation from the specification. The decision to accept material deviating from this specification shall be the responsibility of the specifying engineer and must be approved in writing. 1.03 REFERENCE DOCUMENTS AND STANDARDS The standards and documents listed below may apply to the materials and practices in this specification. In the event of a conflict,the requirements of this specification prevail. TS 410-1 Unless otherwise specified, references to documents shall mean the latest published edition of the referenced document in effect at the project bid date. ANSI/AWWA •ANSI/AWWA C901 Polyethylene(PE)Pressure Pipe and Tubing, 3/4 in. (19 mm)Through 3 In. (76 mm) for Water Service •ANSI/AWWA C906 Polyethylene(PE)Pressure Pipe and Fittings,4 in. Through 65 in. (100 mm Through 1,650 mm) for Waterworks •ANSI/AWWA C651 Standard for Disinfecting Water Mains •AWWA M55 Manual of Water Supply Practices, PE Pipe—Design and Installation Plastics Pipe Institute PPI •PPI Handbook of Polyethylene Pipe—2009(2ndEdition) •PPI Municipal Advisory Board(MAB)MAB-01 Generic Electrofusion Procedure for Field Joining of 12 Inch and Smaller Polyethylene (PE)Pipe •PPI Material Handling Guide for HDPE Pipe and Fittings •PPI TR-33 Generic Butt Fusion Joining Procedure for Field Joining of Polyethylene Pipe •PPI TR-34 Disinfection of Newly Constructed Polyethylene Water Mains •PPI TN-38 Polyethylene Flanged Joints •PPI TR-41 Generic Saddle Fusion Joining Procedure for Polyethylene Gas Piping •PPI TR-46 Guidelines for Use of Mini-Horizontal Directional Drilling for Placement of High Density Polyethylene Pipe ASTM •ASTM D2321 Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications •ASTM D2683 Standard Specification for Socket-Type Polyethylene Fittings for Outside Diameter-Controlled Polyethylene Pipe and Tubing •ASTM D2774 Standard Practice for Underground Installation of Thermoplastic Pressure Piping •ASTM F2880 Standard Specification for Lap-Joint Type Flange Adapters for Polyethylene Pressure Pipe in Nominal Pipe Sizes 3/4 in. to 65 in. •ASTM D3035 Standard Specification for Polyethylene(PE)Plastic Pipe(DR-PR) Based on Controlled Outside Diameter •ASTM D3261 Standard Specification for Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing •ASTM D3350 Standard Specification for Polyethylene Plastics Pipe and Fittings Materials •ASTM F585 Standard Guide for Insertion of Flexible Polyethylene Pipe Into Existing Sewers •ASTM F714 Standard Specification for Polyethylene (PE)Plastic Pipe (DR-PR) Based on Outside Diameter •ASTM F 1055 Standard Specification for Electrofusion Type Polyethylene Fittings for Outside Diameter Controlled Polyethylene and Crosslinked Polyethylene(PEX) Pipe and Tubing •ASTM F 1417 Standard Practice for Installation Acceptance of Plastic Non-pressure Sewer Lines Using Low-Pressure Air •ASTM F 1962 Standard Guide for Use of Maxi-Horizontal Directional Drilling for Placement of Polyethylene Pipe or Conduit under Obstacles, Including River Crossings TS 410-2 •ASTM F2164 Standard Practice for Field Leak Testing of Polyethylene(PE) and Crosslinked Polyethylene(PEX)Pressure Piping Systems Using Hydrostatic Pressure •ASTM F2206 Standard Specification for Fabricated Fittings of Butt-Fused Polyethylene (PE) •ASTM F2620 Standard Practice for Heat Fusion Joining of Polyethylene Pipe and Fittings •ASTM F3124 Standard Practice for Data Recording the Procedure Used to Produce Heat Butt Fusion Joints in Plastic Piping Systems or Fittings •ASTM F3183 Standard Practice for Guided Side Bend Evaluation of Polyethylene Pipe Butt Fusion Joint •ASTM F3190 Standard Practice for Heat Fusion Equipment (HFE) Operator Qualification on Polyethylene(PE) and Polyamide (PA)Pipe and Fittings •ASTM F1804 Standard Practice for Determining Allowable Tensile Load for Polyethylene (PE) Gas Pipe During Pull-In Installation •ASTM B843 Standard Specification for Magnesium Alloy Anodes for Cathodic Protection PART 2—PRODUCTS 2.01 HIGH DENSITY POLYETHYLENE MATERIALS A. Resin and Material Requirements 1. All material shall be manufactured from a PE 4710 resin listed with the Plastic Pipe Institute(PPI)as TR-4. The resin material shall meet the specifications of ASTM D3350 with a minimum cell classification of 445474C or 445574C. HDPE pipe and fittings shall contain no recycled compounds except that generated in the manufacturer's own plant from resin of the same specification from the same raw material. HDPE products shall be homogeneous throughout and free of visible cracks, holes, foreign inclusions,voids, or other injurious defects. B. HDPE Pipe 1. Pipe shall be made of HDPE material with a minimum material designation code of PE4710 and with a minimum Cell Classification as noted in 2.O1.A. The polyethylene compound shall be suitably protected against degradation by ultraviolet light by means of carbon black of not less than 2 percent. The manufacturer of the HDPE resin shall certify the cell classification indicated. 2. Pipe sizes 3" DIPS/4" IPS and larger shall have a manufacturing standard of ASTM F714, while IPS pipe 3" and smaller shall be manufactured to the dimensional requirements listed in ASTM D3035. Dimension Ratio (DR) and Outside Diameter(IPS/DIPS) shall be as specified on plans. 3. Pipe shall be manufactured by an ISO 9001 certified manufacturer. The pipe TS 410-3 manufacturer shall have an ongoing Quality Control program for incoming and outgoing materials, and shall assure that the pipe will meet the material requirements of this specification. HDPE resins for manufacturing of pipe shall be checked for density, melt flow rate, and contamination. For potable water systems the facility shall have the necessary testing equipment to verify that pipe meets the AWWA and NSF standards.Pipe shall be checked for outside diameter, wall thickness, length, and surface finish on the inside and outside. The Manufacturer's production facilities shall be open for inspection by the Owner or Engineer. 4. All pipe may be color coded for the intended service. When required, the color coding shall be permanently co-extruded stripes on the pipe outside surface as part of the pipe's manufacturing process.Painting HDPE pipe to accomplish color coding is not permitted. C. HDPE Fittings 1. Butt Fusion Fittings- Fittings shall be made of HDPE material with a minimum material designation code of PE4710 and with a minimum Cell Classification as noted in 2.01.A.Fittings shall have a minimum pressure rating equal to or greater than the pipe to which they are joined unless otherwise specified on the plans or accepted by owner/engineer. a. Molded fittings shall comply with the requirements of ASTM D3261. b. All fabricated elbows, tees,reducing tees and end caps shall be produced and meet the requirements of ASTM F2206,as manufactured by ISCO Industries, Inc or other approved manufacturer holding an ISO 9001 quality system certificate. Each fitting will be marked per ASTM F2206 section 10 including the nominal size and fitting EDR,which will meet or exceed the pipe DR identified for the project. Fabricated fittings shall be manufactured using a data recording device to record fusion pressure and temperature, and shall be stamped with unique joint number that corresponds to the joint report. A graphic representation of the temperature and pressure data for all fusion joints made producing fittings shall be maintained for a minimum of 5 years as part of the quality control and will be available upon request of owner. Test results to validate ASTM F2206 section 7.3 and 9 shall be provided to owner or owner's representative upon request. c. Socket fittings shall meet ASTM D2683. 2. Electrofusion Fittings-Fittings shall be made of HDPE material with a minimum material designation code of PE 4710 and with a minimum Cell Classification as noted in 2.01.A. Electrofusion Fittings shall have a manufacturing standard of TS 410-4 ASTM F1055. Fittings shall have a minimum pressure rating equal to or greater than the pipe to which they are joined unless otherwise specified on the plans. 3. Bolted Connections — Flanged and Mechanical Joint Adapters can be made to ASTM D3261. Flange adapters, if machined, may also meet the requirements of ASTM F2880. Flanges and MJ Adapters shall be fused onto the pipe and have a minimum pressure rating equal to or greater than the pipe unless otherwise specified on the plans. a.Metallic back-up rings (Van-Stone style lap joint flanges), shall have a radius on the inside diameter of the bore so as to be compatible with HDPE Flanges. Back up rings shall have bolt pattern that will mate with AWWA C207 Class D (or B or E), ASME/ANSI B 16.5 Class 150, ASME/ANSI B 16.1 Class 125,or ASME/ANSI B16.47 Series A. b.Flange assemblies shall be assembled and torqued according to PPI TN-38, "Bolt Torque for Polyethylene Flanged Joints." c.Where shown on the drawings, 4" and larger transitions to mechanical joint fittings and valves shall be accomplished using a MJ Adapter with kit. The D.I./HDPE mechanical joint adaptor shall consist of: i. A molded or fabricated HDPE mechanical joint transition fitting. ii. A rubber gasket. iii. A mechanical joint backup drive ring. iv. Corten mechanical joint tee bolts. 4. Mechanical Fittings: The use of mechanical coupling and saddles shall be approved by the owner or engineer prior to installation. Mechanical Fittings shall be designed for use and compatible with HDPE pipe. Mechanical fittings shall have a pressure rating equal to or greater than the pipe. a.Couplings without self-restraining capabilities (integrated serrated teeth or grippers) shall include a plan for external restraint or isolation from pipeline generated forces. b.Mechanical Saddles shall have wide straps for distribution of clamping loads. No U-bolts shall be allowed. c.When required by mechanical coupling manufacturer,pipe stiffeners shall be employed to support the interior wall of the HDPE. The stiffeners shall support the pipe's end and control the "necking down"reaction to the pressure applied during normal installation. The pipe stiffeners shall be formed of 304 or 316 stainless steel, with a wedged style design to fit the HDPE manufacturers published average inside diameter of the specific size and DR of the HDPE. TS 410-5 D. Fusion Unit Requirements 1. All Fusion Equipment,whether new or used, rented or owned, shall comply with the requirements of ISO 12176-1 "Equipment for Fusion Jointing Polyethylene Systems". 2. Butt fusion equipment must be in satisfactory working order and the hydraulic system must be leak free. Heater plates shall be free from scrapes, gouges, and have a consistent clean coated surface. The pressure gauge and thermometer should be properly calibrated. When requested by the owner, records showing a maintenance service/inspection within 3 months prior to use for this project shall be provided. 3. Rental Butt Fusion Equipment must be maintained by a McElroy Authorized Service and Repair Center with at least one McElroy Certified Master Mechanic on staff. When requested by owner or his authority,an inspection report detailing the components inspected within 3 months prior to arrival at jobsite will be provided. 4. For 16" and larger pipe sizes, the butt fusion machine shall be capable of autonomously calculating the drag pressure and perform the shift sequence autonomously. 5. Electrofusion Processors shall be maintained and calibrated per manufacturer's requirements and recommendations. E. Approved Suppliers 1. All Pipe, Fittings, and Fusion Equipment shall be provided by one supplier. Approved suppliers are ISCO Industries, Inc. or approved equal. 2.02 PIPELINE LOCATING MATERIALS A. A. Detectable Marker Tape- Plastic marker tape shall be 5 mil minimum thickness with a solid aluminum core of.35mi1 minimum thickness and a minimum width of 2". The background of the tape shall be colored based on pipe service with black lettering continuously printed. Marker tape shall have a minimum 35 lbs./inch tensile strength. The installation of the tape shall be at 18 inches below finish grade. B. Tracer Wire- All HDPE pipe 4" and greater shall be installed with an extra high- strength, copper clad steel tracer wire including 45 mil HDPE jacket that has a minimum average break load of at least 1150 lbs. The jacket shall be colored based on pipe service,with blue for potable water or green for sewer.Tracer wire gauge shall be 12 AWG, 10 AWG, or 8 AWG depending upon application and installation procedure. This wire shall to be continuous and brought up in the valve boxes at the TS 410-6 ends of each line segment with splices made only by methods per the equipment manufacturer's recommendation. All miscellaneous splicing components shall be furnished and installed by the Contractor. PART 3—EXECUTION 3.01 GENERAL A. All HDPE pipe and fittings shall be cut,joined, and installed in accordance with the manufacturer's recommendations. Joining, laying, and pulling of polyethylene pipe shall be accomplished by personnel experienced in working with polyethylene pipe systems. 3.02 TRANSPORTATION, UNLOADING, AND STORAGE A. The manufacturer shall package product in a manner designed to deliver the pipe and fittings to the project neatly, intact and without physical damage. During transportation each pipe shall rest on suitable pads, strips skids, or blocks securely wedged or tied in place. B. During loading, transportation, and unloading, every precaution should be taken to prevent damage to the pipe.The handling of the pipeline shall be in such a manner that the pipe is not damaged by dragging it over sharp and cutting objects. Cuts or gouges that reduce the wall thickness by more than 10% are not acceptable and must be cut out and discarded. C. Handle the pipe in accordance with the PPI Handbook of Polyethylene Pipe (2nd Edition), Chapter 2. All pipe and accessories shall be loaded and unloaded by lifting with hoists or by skidding in order to avoid shock or damage.Under no circumstances shall materials be dropped. Pipe handled on skidways shall not be rolled or skidded against pipe on the ground. Slings, hooks or pipe tongs shall be padded and used in such a manner as to prevent damage to the exterior surface or interior of the pipe. All pipe and fittings shall be subjected to visual inspection at time of delivery and before they are lowered into the trench to be laid. D. Materials, if stored, shall be kept safe from damage and shall not be stacked higher than the limits recommended by the manufacturer. The bottom tiers shall be kept off the ground on timbers,rails,or concrete. Pipe shall not be stored close to heat sources. The contractor shall be responsible for all security,damage and loss of pipe,excluding Acts of God. E. The interior of the pipe as well as all sealing surfaces of mating components(i.e.flange faces) shall be kept free from dirt or foreign matter at all times. The open ends of all sections of joined and/or installed pipe (not in service) shall be plugged to prevent insects, animals, or foreign material from entering the pipe line or pipe section. The practice of stuffing cloth or paper in the open ends of the pipe will not be permitted. TS 410-7 F Use waterproof nightcaps to prevent the entrance of any type of natural precipitation into the carrier or containment pipe and secure to the pipe in such a manner that the wind cannot blow them loose. Where possible, the pipe shall be raised and supported at a suitable distance from the open end such that the open end will be below the level of the pipe at the point of support. 3.03 RECEIPT INSPECTION A. All pipe and fittings shall be subjected to visual inspection at time of delivery and before they are installed or lowered into the trench to be laid. Defective, damaged, or unsound pipe will be rejected. Cuts,punctures, or gouges that penetrate or reduce the wall thickness by 10%or more are not acceptable and must be removed and discarded. Joints or fittings that do not conform to these specifications will be rejected and must be removed immediately by the Contractor. 3.04 FUSION AND JOINING A. Fusion Joining Requirements: 1. All HDPE pipe shall be joined to by the heat fusion process which produces homogeneous, sealed, leak-tight joints. Tie-ins between sections of HDPE pipe shall be made by butt fusion whenever possible. 2. Butt Fusion: The pipe shall be joined by the butt fusion procedure outlined in ASTM F2620 or PPI TR-33. All fusion joints shall be made in compliance with the pipe or fitting manufacturer's recommendations. Fusion joints shall be made by qualified fusion technicians per ASTM F3190. A record or certificate of training for the fusion operator must be provided that documents training to the fundamentals of ASTM F2620. Considerations should be given to and provisions made for adverse weather conditions, such as temperatures below freezing, precipitation, or wind, which is accepted by the owner/engineer. The use of a controlled cooling cycle procedure to reduce cooling time is acceptable only as part of a controlled cooling cycle procedure where testing demonstrates that acceptable joints are produced using the controlled cooling cycle procedure. 3. Electrofusion: Electrofusion joining shall be done in accordance with the manufacturers recommended procedure. Other sources of electrofusion joining information are PPI TN 34 and PPI Municipal Advisory Board(MAB) Generic Electrofusion Procedure for Field Joining of 12 Inch and Smaller Polyethylene (PE) Pipe. The process of electrofusion requires an electric source, commonly called an electrofusion processor that has wire leads and a method to read electronically (by laser) or otherwise input the barcode of the fitting. The electrofusion processor must be capable of reading and storing the input parameters and the fusion results for later download to a record file. Qualification of the fusion technician shall be demonstrated by evidence electrofusion training within the past year on the equipment to be utilized for this project. TS 410-8 B. Fusion Operators: 1. The employer of the fusion machine operator is responsible for the fusion joint quality of the fusion weld made by that individual. The employer is responsible for documenting all training and qualification records for that individual, including compliance to any code requirements for fusion/bonder operators. 2. All HDPE fusion equipment operators shall be qualified to the procedure used to perform pipe joining. Fusion equipment operators shall have current, formal training on all fusion equipment employed on the project.Training received more than two years prior to operation with no evidence of activity within the past 6 months shall not be considered current. 3. For projects with at least 5,000 feet or with pipe larger than 24 inches,operators or their supervisor must have a current prior experience in fusing polyethylene pipe with similar equipment using proper jigs and tools per standard procedures outlined by the pipe manufacturer. 4. When the fusion machine operator is employed by the HDPE pipe and fusion machine supplier, the supplier shall maintain an ISO 9001 Certified Quality Management System. C. Butt Fusion Equipment: I. For 6"and larger pipe sizes,the pipe butt fusion machine shall be a self-contained hydraulic fusion machine capable of butt fusing HDPE pipe. The carriage must be removable from the chassis for in-ditch use. The machine must be compatible with an electronic data recording device. Accessories will include all butt fusion inserts for the specified range of pipe sizes, a pyrometer kit for checking the surface temperature of the heater, extension cord of appropriate gauge (25' minimum), and hydraulic extension hoses (minimum of four). The butt fusion machine will be McElroy, or approved equivalent. 2. For 16" and larger pipe sizes, the butt fusion machine shall be capable of autonomously calculating the drag pressure and perform the shift sequence autonomously. 3. In areas where there may be insufficient space for layout of the entire length of fused pipe to be pulled-back,the Contractor shall utilize a continuous HDPE pipe fusion equipment such as a PolyHorse by McElroy or other means in order to fuse the length of pipe necessary for the installation. D. Fusion Data Recording: I. For 6" and larger pipe sizes, McElroy DataLogger or equivalent fusion data recorder shall be used to record all fusion welds on hydraulically operated fusion machines. The device shall be capable of meeting the requirements of ASTM TS 410-9 F3124, "Standard Practice for Data Recording the Procedure used to Produce Heat Butt Fusion Joints in Plastic Piping Systems or Fittings". The device, or combination of devices, shall record the following variables of each fused joint: i. Heater surface temperature- immediately before inserting the heater plate, measure with a pyrometer and manually enter into the weld record. ii. Gauge pressure during the initial heat cycle iii. Gauge pressure and elapsed time during the heat-soak cycle iv. Heater removal(dwell)time v. Gauge pressure and elapsed time during the fusing/cool cycle vi. Drag pressure vii. Pipe diameter and wall thickness viii. Type of HDPE material(Specification and Classification) and manufacturer ix. Fusion Machine Identification 2. The device shall record the operator name and a unique operator ID number, along with the date and time of each weld. 3. Records showing the device is up to date on all required calibration should be available for presentation when requested. 4. All fusion welds should be traceable to the report(via operator and weld ID) with an indentation weld stamp or by permanent paint marker/pen next to fusion weld. 5. A weld location map may be requested,prior to commencement of work,by the owner or owner's representative. E. Butt Fusion Examination and Testing: 1.Examinations i. Visual: For pipe sections, examine the full exterior circumference for bead uniformity before cutting. After cutting the pipe section,review the interior bead. All beads should have visually acceptable bead formation as shown in Fig 4 and Appendix X2 of ASTM F2620. In addition, the following characteristics are expected: 1.There shall be no evidence of cracks or incomplete fusing 2.There shall be no evidence of captured objects(e.g.,pipe shavings, facer ribbons)between bonded surfaces. 3.Variations in upset bead heights on opposite sides of the cleavage and around the circumference of fused pipe joints are acceptable. 4.The apex of the cleavage between the upset beads of the fused joint shall remain above the base material surface 5.Fused joints shall not display visible angular misalignment, and outside diameter mismatch shall be less than 10% of the nominal wall thickness 6.Fusion data record review that meet criteria of section 3.04.D.1 can be used as additional verification of visual indicators. TS 410-10 ii. Fusion Data Record Review The fusion date record for each fused joint shall be compared to the approved fusion procedure. The reviewer shall verify the following: 1.That all data required by section 3.04.D.1 was recorded 2.Interfacial pressure was within the acceptable range 3.Heater surface temperature was within the acceptable range 4.Butt fusion pressure applied during the fusing/cool cycle was correctly calculated to include drag pressure, fell within the acceptable range for the applicable size and agrees with the recorded hydraulic fusing pressure. 5.Butt fusing pressure was reduced to a value less than or equal to drag pressure at the beginning of the heat soak cycle. 6.Fusing machine was opened at the end of the heat soak cycle, the heater was removed, and the end were brought together at the fusion pressure with the acceptable time range 7.Cooling time at butt fusing pressure met the minimum time specified iii. If the recorded data in section 3.04.D.1 is outside the limits of the acceptable range, the joint is unacceptable, and must be removed and replaced. iv. Frequency. Records for test fusion joints should be reviewed immediately after the joint is completed. Fusion joints for jobsite fusions should be reviewed daily or before being covered with backfill. 2.Mechanical Tests i. Contractor shall mechanically test the first fusion of each operator and each machine used on the project. Installation shall not continue until a fusion test has passed the test. Additional mechanical test are not required as long as long as the fusion are reviewed with the frequency specified in section 3.04:E.1.iv. Testing of fusion joints with no fusion data record review shall be at a frequency specified by the Owner or Engineer. ii. The fusion shall be allowed to cool completely,then fusion test straps shall be cut out. iii. All samples shall be labeled with operator information. Testing must be done at 73 degrees F plus or minus 5 degrees. The test temperature and sample size are critical to testing. Testing performed at cold or elevated temperatures may not give similar results to tests performed at ambient temperatures. iv. Each pipe sample weld shall be subjected to testing at two locations 180 degrees apart from each other in the joint weld. All specimens shall be tested by one of the following methods: 1.Reverse Bend Test are allowed for pipe sizes 4"IPS or smaller. The specimens shall be prepared and tested in accordance with ASTM TS 410-11 F2620, Appendix X4. 2.Guided Side Bend Test are allowed for all wall thicknesses of 1"or greater. The specimens shall be removed and tested in accordance with ASTM F3183. 3.Hydrostatic Burst Test is allowed for pipe sizes 2"-24". The specimen length should measure 6 times pipe diameter with the butt fusion joint in the center of the specimen. The specimen should be tested in a tank filled with water, and testing conditions monitored and recorded with computerized equipment. The specimen will be tested at 4 times pipe rated pressure for 5 minutes with no failure of joint allowed. v. Results of any mechanical test should be documented. Information on the weld and operator should be transferred from the sample to the testing record. 3.05 INSTALLATION A. Direct Burial . Buried HDPE pipe and fittings shall be installed per engineering drawings and ASTM D2774, ASTM D2321 and AWWA Manual of Water Supply Practices M55 Chapter 8. The Design Window identified in AWWA M55 Chapter 5 (page 65 of 2006 version) shall be considered acceptable design and installation conditions. 2. When moveable trench bracing such as trench boxes,moveable sheeting, shoring or plates are used to support the sides of the trench, care shall be taken in placing and moving the boxes or supporting bracing to prevent movement of the pipe, or disturbance of the pipe bedding and the backfill. Trench boxes, moveable sheeting, shoring or plates shall not be allowed to extend below top of the pipe. As trench boxes, moveable sheeting, shoring or plates are moved, pipe bedding shall be placed to fill any voids created and the backfill shall be re-compacted to provide uniform side support for the pipe. 3. Pipe embedment - Embedment material should be Class I, Class II, or Class III materials as defined by ASTM D-2321 Section 6. The use of Class IV or Class V materials is not recommended, however, they may be used only with the evaluation and approval of the engineer at a demonstrated achievable compaction 4. Bedding: Pipe bedding shall be in conformance with ASTM D2321 Section 8. Compaction rates should be as specified in ASTM D2321. Deviations shall be approved by the engineer. 5. Haunching and backfill shall be as specified in ASTM D2321 Section 9 with Class I, II, or III materials. Compaction shall be in excess of 85% Proctor, TS 410-12 providing a minimum modulus of 1000 psi or greater. B. Pull-In Installation 1. Per ASTM F 1804 and/or www.HDPEapp.com,the contractor shall determine and document the maximum proposed pull-in length and pull-in force for the pressure class and pipe diameter to be pulled into an open trench. Pull-in lengths will not exceed the maximum lengths for the class and diameter pipe. A commercially available load limiter(weak link)approved by the Engineer shall be used between the puller and the pipe. 2. Prior to pulling the pipeline, contractor shall place rollers or other approved devices beneath the pipe to avoid unnecessary damage and to reduce pipe drag. 3. Trenchless installations: i. For Horizontal Directional Drilling(HDD), refer to ASTM F 1962, PPI TR-46, PPI PE Handbook(Chapter 12) and www.PPIBoreAid.com ii. For sliplining,refer to ASTM F585, PPI PE Handbook(Chapter 11) and www.HDPEapp.com iii. For pipe bursting,refer to PPI PE Handbook(Chapter 16) C. Appurtenances 1. All appurtenances (tees, elbows, services,valves, air relief valves, fire hydrants, etc.), must be independently supported and shall not rely on the pipeline and its connections for this support. Excessive stresses may be encountered when appurtenances are inadequately supported. 2. Hydrant Assemblies shall be installed and field tested according to the requirements of AWWA M17. 3. Installation of Tracer Wire. When tracer wire is required, the Contractor shall install along the entire section of pipeline and along all service connections as listed below. The tracer wire shall be installed simultaneously with the polyethylene piping system. Tracer wire shall be installed by the Contractor once backfill has been placed and compacted to at least 12 inches above the top of the pipe and not more than 18 inches above the top of the pipe. Tracer wire shall be properly spliced at each end connection and each service connection. Care should be taken to adequately wrap and protect wire at all splice locations. No bare tracer wire shall be accepted. Provide Magnesium alloy anode for cathodic protection that conforms to the requirements of ASTM B843. Install tracer wire per local and manufacturer's requirements. TS 410-13 3.06 PIGGING,FLUSHING,CLEANING,AND DISINFECTING A. All mains shall be pigged,cleaned and flushed to remove all dirt,sand,debris and other foreign matter. The Contractor shall be responsible for developing a pigging and flushing plan to be submitted to the Engineer for approval prior to pigging and flushing. B. Disinfection: 1. Cleaning and disinfecting of potable water systems shall be in accordance with AWWA C651 and AWWA M55 Chapter 10, and PPI Handbook of Polyethylene Pipe Chapter 2 (2nd Edition). 2. The liquid disinfection chemical solution should be limited to less than 12%active chlorine. The time-duration of the disinfection should not exceed 24 hours. Chlorine tablets or powders are not permitted. 3. Upon completion,the system should be thoroughly flushed with fresh water, and retested to verify the disinfectant chlorine level has been reduced to potable drinking water concentrations in all service water tubing and branch lateral pipes. 3.07 TESTING AND LEAKAGE A. The contractor shall ensure testing can be accomplished in a safe manner, including protection of personnel, equipment, and public in the event of a failure during testing. The contractor shall restrain pipe, components, and test equipment as required. All pumps, valves, temporary connections, meters, gauges and other measuring devices shall be furnished,installed and operated by the Contractor and all such equipment and devices and their installation shall be approved by the Owner's Engineer. B. The pressure gauges or data recorders should be calibrated and sufficiently sized to provide mid-range data that result in easy reading, interpretation. Gauges shall be accurate to within 2%of full scale C. The test pressure may be up to 1.5 times the system design pressure, based on the lowest point in elevation in the test section. The contractor shall ensure that the designated test pressure does not exceed the maximum allowable test pressure specified by the manufacturer for any component in the test section. D. Test pressures require consideration of thermal conditions. Polyethylene piping materials are typically pressure rated at 73°F (23°C) and PE piping at temperatures greater than 80°F (26°C) require reduced test pressures. (Note that higher pipe temperatures should consider both ambient temperatures and radiant solar heating of exposed black HDPE pipe) Guidance for elevated temperatures can be found in the appendix of Chapter 3 (Material Properties) of the PPI Handbook of PE Pipe. E. Gravity Pipelines-The Contractor shall perform a low-pressure air test for gravity flow TS 410-14 pipelines to the requirements and specifications of ASTM F1417. Warning: All pneumatic test, regardless of pressure, can be dangerous and safety procedures shall be identified, documented, approved by the owner and engineer, and followed. F. Pressure Pipelines-Pressure testing shall be conducted in accordance with requirements and recommendations of ASTM F2164 (Field Leak Testing of Polyethylene Pressure Piping Systems Using Hydrostatic Pressure), AWWA M55 Chapter 9,and PPI Handbook of Polyethylene Pipe Chapter 2(2nd Edition). Pneumatic (compressed air) leakage testing of HDPE pressure piping is prohibited for safety reasons. 1. The section of pipe to be tested shall be filled with potable or generally clean water(uncontaminated river/lake water)approved by the Owner/Engineer. While the system is being filled with water, air shall be carefully and completely exhausted. 2. The test procedure for HDPE pipe consists of two steps: 1) the initial phase or expansion phase and 2) the test phase. During the initial/expansion phase, sufficient make-up water shall be added hourly for 3 hours to return to the test pressure. During the test phase, the expansion phase pressure is reduced by 10 psi to test phase pressure and monitored for at least one hour(3 hours maximum). 3. Under no circumstances shall the total time under test exceed eight(8) hours. If the test is not completed due to leakage, equipment failure or any other reason, depressurize the test section and permit the system to "relax" for eight (8) hours prior to the next testing sequence. 4. In accordance with section 9.8 of ASTM F2164, the pipe shall pass if the final pressure is within 5% of the test phase pressure for the testing period (3 hours maximum). If the test section fails this test,the Contractor shall repair or replace all defective materials and/or workmanship at no additional cost to the Owner. G. All pressure and leakage testing shall be done in the presence of a representative of the Owner and Engineer. END OF SECTION TS 410-15 ITEM 620 CONCRETE FOUNDATIONS AND STRUCTURES 620.01 DESCRIPTION This item shall govern the furnishing and placing of concrete for small foundations and structures to the specifications and in the locations shown on plans. 620.02 MATERIALS Concrete shall conform to the requirements of the item "General Concrete Specifications". Steel reinforcement shall conform to the requirements of the item "Reinforcing Steel" and shall be of the sizes and configuration indicated on the plans. Typical reinforcing shall be#4 bars on 12" centers, each way, unless stated otherwise or as directed by the Engineer. 620.03 CONSTRUCTION METHODS Excavation: The subgrade shall be finished to the required section by hand and/or by suitable subgrading equipment. Provide a minimum 2" sand cushion if required under slabs per specifications. Cover sand with polyethylene for moisture barrier(under buildings only). Prior to placement of concrete, the subgrade will be checked by the Contractor for accuracy. If subgrade material is found to be unstable, (i.e.,too soft to provide proper subgrade for the foundation) excavation will be made beyond the limits of the proposed section as directed by the Engineer. The fill material will be handled in accordance with item "Embankment and Fill". However, if over-excavation of the subgrade becomes necessary due to exposure of the subgrade to water, excavated material will not be measured for payment, but will be considered subsidiary to this item. Unless otherwise indicated on the plans, toe walls and beams will be constructed as shown on the plans. Toewalls and beams shall be adequately reinforced with a minimum depth of 12" (measured from top of slab) and a minimum width of 6". Excavation for toewalls and beams will not be measured for payment,but will be considered subsidiary to this item. Building Slabs concrete slabs for light weight buildings or prefabricated fiberglass shelters shall include stainless steel anchor bolts. The anchor bolts shall be sized and spaced to match the building manufacturer=s recommended layout or as directed by the Engineer. The joint between the top of slab and walls shall be sealed with 100% silicon caulk. Concrete: Construction joints formed at the close of each days work, or when the process of depositing concrete is stopped for thirty minutes or longer, shall be constructed by using a clean wooden bulkhead having a minimum thickness of two inches. No concrete will be allowed to protrude beyond the construction joint onto the adjacent subgrade. Reinforcing steel shall be TS 620-1 Pr continuous through construction joints. Extra steel may be required in bottom construction joints as directed by the Engineer. Finishing may be by hand or machine methods. Wooden or metal floats will be used to press the concrete into place and to provide an even surface. Final finish may be by brooming,belting or other approved method for obtaining a smooth surface. The surface of the foundation, after finishing, shall be smooth and true to the established grade and cross section. While the concrete is still workable, it shall be tested for irregularities with a straightedge. Any surface irregularities exceeding one-fourth(1/4") inch shall be reworked and refinished. Curing shall be in accordance with the item "General Concrete Specifications." Tolerance of thickness shall be as follows: Concrete lining shall have an average thickness equal to that shown on the plans,with a tolerance of one-fourth (1/4) inch. In determining the average thickness,that portion which is more than one-half(2) inch in thickness greater than the thickness called for on the plans will not be taken in account. No additional payment will be made for concrete,the average thickness of which is greater than the thickness shown on the plans. Removal of forms,backfill and final grading behind the completed foundation will be considered an integral part of this item necessary for completion. Backfill will be performed in such a manner as to minimize air voids. Wet or excessively coarse material will not be allowed. Density of the backfill shall match, as closely as possible, the density of the surrounding natural ground. If settlement of the backfill occurs, more backfill will be required until no more settlement is apparent. 620.04 MEASUREMENT AND PAYMENT Concrete foundations will be measured by the square yard of completed and accepted surface area exposed or by cubic yard is specified in the bid form. Payment for concrete foundations and structures will be made at the unit price bid per square yard for "Structural Concrete" which price shall include all fine grading, filling, compaction, and preparing the subgrade, furnishing and placing of reinforcing steel and Portland cement concrete, finishing, curing, and backfilling, and all labor, materials,tools and equipment and incidentals necessary to complete the work. Payment for concrete foundations and structures shall be made based on the following percentages: Placement of new concrete 70% Backfill of new concrete and clean up work area . 30% When not included as a Bid Item,this item will not be paid for directly but will be considered subsidiary to pay items. END OF SECTION TS 620-2 ITEM 900 SEEDING 900.01 DESCRIPTION This Item shall govern for preparing ground, providing for sowing of seeds, mulching with straw, hay, or cellulose fiber and other management practices along and across such areas as are designated on the plans and in accordance with these specifications. 900.02 MATERIALS All seed must meet the requirements of the Texas Seed Law including the labeling requirements for showing pure live seed(P.S. =purity x germination),name and type of seed. Seed furnished shall be of the previous season's crop and the date of analysis shown on each bag shall be within nine months of the time of use on the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The amount of seed planted per acre shall be of the type specified below. Common Name Scientific Name Bermuda and giant Bermuda grass (Hulled Cynodon dactylon or Unhulled) Annual Rye Lolium multiflorum German Foxtail Millet Setaria italica 900.03 PLANTING SEASON Planting dates, seed mixtures and application rates shall conform to the following table. Application Rate Planting Date Type(s) (Lbs. per Acre P.S.) April 1 - September 30 Bermuda and Giant 20 Bermuda grass (Hulled) Millet 40 October 1 - March 31 Hulled Bermuda 20 Unhulled Bermuda 20 Annual Ryegrass 40 TS 900-1 900.04 FERTILIZER All fertilizers used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing in accordance with the Texas Fertilizer Law. A palette or granulated fertilizer shall be used with an analysis of 13-13-13 or having the analysis shown on the plans. The figures in the analysis represent the percent of nitrogen, phosphoric acid, and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists. In the event it is necessary to substitute a fertilizer of a different analysis, it shall be a palette or granulated fertilizer with a lower concentration, but the total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. Palette or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. The fertilizer shall be dry and in good physical condition. Fertilizer that is powdered or caked will be rejected. Distribution of fertilizer for the particular item of work shall meet the approval of the Engineer. Unless otherwise indicated in the plans or specifications, fertilizer shall be applied uniformly at the average rate of 600 pounds per acre for all types of"Seeding." 900.05 SPRINKLE IRRIGATION Sprinkle Irrigation shall consist of the authorized application of water on those portions of the right of way as shown on plans or as directed by the Engineer, and as herein specified. Water shall be furnished by the Contractor and shall be clean and free of industrial wastes and other substances harmful to the growth of grass. This work will be done only at such time as approved by the Engineer and in sufficient frequency to allow optimum germination. The Contractor shall furnish and operate approved sprinklers that will insure the distribution of water in a uniform and controllable rate of application. 900.06 STRAW MULCH Straw mulch shall be oat, wheat, or rice straw. Hay mulch shall be prairie grass, Bermuda grass, or other hay as approved by the Engineer. The mulch shall be free of Johnson grass or other noxious weeds and foreign materials. It shall be kept in a dry condition and shall not be molded or rotted. 900.07 CELLULOSE FIBER MULCH Cellulose fiber mulch shall be a natural cellulose fiber mulch produced from grinding clean, whole wood chips, or fiber produced from ground newsprint with a labeled ash content not to exceed 7%. The mulch shall be designed for use in conventional mechanical planting, hydraulic planting of seed or hydraulic mulching of grass seed, either alone or with fertilizers and other additives. The mulch shall be such that when applied the material shall form a strong, moisture-retaining mat without the need of an asphalt binder. Application rate for mulch in HYDRO MULCH SEEDING shall be 2000 Lbs/acre. TS 900-2 900.08 SOIL STABILIZER/TACKING AGENT Soil stabilizer for hydro-mulch seeding shall be of a commercially available type approved by the Engineer and shall be applied at a rate of 40 Lbs./acre unless otherwise specified. 900.09 CONSTRUCTION METHODS After the designated areas have been completed to the lines, grades and cross sections shown on the plans and as provided for in other items of this contract, seeding shall be performed in accordance with the requirements hereinafter described. All areas to be seeded shall be cultivated to a depth of at least four(4") inches, unless otherwise directed by the Engineer. The seed bed shall be cultivated sufficiently to reduce the soil to a state of good tilth when the soil particles on the surface are small enough and lie closely enough together to prevent the seed from being covered too deep for optimum germination. Cultivation of the seed bed will not be required in loose sand where depth of sand is four(4") inches or more. The cross-section previously established shall be maintained throughout the process of cultivation and any necessary reshaping shall be done prior to any planting of seed. The following are four methods of seeding which may be specified in the plans: 900.10 STRAW OR HAY MULCH SEEDING The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on plans or where directed by the Engineer. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. If mechanical equipment is used, all varieties of seed as well as fertilizer may be distributed at the same time provided that each component is uniformly applied at the specified rate. When seed and fertilizer are to be distributed as a water slurry, the mixture shall be applied to the area to be seeded within 30 minutes after all components are placed in the equipment. Upon completion of planting of seed,straw or hay mulch shall be spread uniformly over the seeded area at the rate of approximately 11/2 to 21 tons of hay or 2 to 21% tons of straw per acre. A mulching machine approved by the Engineer shall be equipped to inject a tacking agent into the straw or hay uniformly as it leaves the equipment at a rate of 0.05 to 0.10 gallon of tacking agent per square yard of mulched area. If the straw or hay and tacking agent are placed by hand, then the rate of application for the tacking agent shall be approximately 0.15 gallon per square yard. 900.11 CELLULOSE FIBER MULCH SEEDING The seed or seed mixture, in the quantity specified, and fertilizer, shall be uniformly distributed over the areas shown on the plans or where directed. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. If mechanical equipment is used all varieties of seed as well as fertilizer may be distributed at the same time, provided that each component is uniformly applied at the specified rate. When seed and fertilizer are to be distributed as a water slurry, the mixture shall be applied to the area to be seeded within 30 minutes after all components are placed in the equipment. After planting, the planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of the slope areas shall be on the contour. Upon completion of planting and cultipacking of the seed, cellulose fiber mulch TS 900-3 • shall be spread uniformly over the area at the rate of 2000 lbs.per acre given in dry weight of mulch per acre. A mulching machine, approved by the Engineer, shall be equipped to eject the thoroughly wet mulch material at a uniform rate to provide the mulch coverage specified. 900.12 HYDRO MULCH SEEDING The seed or seed mixture, in the quantity specified, shall be mixed in an approved mixer/distributor with fertilizer and Cellulose Fiber Mulch at the specified rates. Mixing and distributing shall be in such a manner so that thoroughly wet mulch material will be distributed at a uniform rate to provide the coverages specified. Soil stabilizer/tacking agent shall be added to the mixture at the specified rates. 900.13 BROADCAST SEEDING The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on plans or where directed by the engineer. If the sowing of seed is by hand,rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. If mechanical equipment is used, all varieties of seed as well as fertilizer may be distributed at the same time provided that each component is uniformly applied at the specified rate. When seed and fertilizer are to be distributed as a water slurry, the mixture shall be applied to the area to be seeded within 30 minutes after all components are placed in the equipment. After planting, the planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of the slope areas shall be on the contour. 900.14 REQUIRED COVERAGE Germination and establishment of a good stand of Bermuda grass will be required in order to qualify any Seeding as "Acceptable Work." Substantial bare spots and ruts designed by the Engineer will be reseeded and fertilized as required to achieve germination. Isolated bare spots measuring 2 ft. in diameter or less will be considered as acceptable work. These requirements will be adhered to assuming normal weather conditions. In the event of abnormal flooding conditions, these requirements will be applied to areas above measured high-water marks. 900.15 MEASUREMENT AND PAYMENT Work and accepted material as prescribed for this item, will be incidental to those bid items calling for seeding. This shall include all materials, for all excavation,loading,hauling, stockpiling,placing, sprinkling, and rolling and for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. There will be no separate pay item for Seeding. END SECTION TS 900-4 ITEM 950 TRENCH SAFETY SYSTEMS 950.01 DESCRIPTION This section covers excavation and supporting systems for trenches to protect the safety of workers, provide suitable means for constructing utility lines, and to protect public or private property, including existing utilities. A trench system shall be required for all trenches or excavation 5 feet or greater in depth. The Contractor shall comply with the minimum requirements of this specification. Maintenance and inspection of any shoring and related equipment shall be the responsibility of the Contractor. The Contractor shall determine the safety system needed for the project within the minimum requirements of this specification. The Contractor has the sole responsibility to provide a safe work environment for all of his employees and anyone else present at the work site. 950.02 SUBMITTALS The Contractor shall submit to the Owner's Engineer a Trench Safety System designed and sealed by a Registered Professional Engineer registered and in good standing in the State of Texas. The Trench Safety System along with certification from the Contractor's Registered Professional Engineer indicating that the Contractor's Trench Safety System meets the minimum requirements of this specification shall be submitted to the Owner's Engineer. The Contractor shall make adjustments as required by the Owner and/or Engineer to meet minimum requirements at Contractor's expense. Approval of a trench safety system by the Owner and/or Engineer shall not relieve the Contractor of his responsibility to provide a safe working place for his employees. In addition,the Contractor shall submit a general safety program that conforms to OSHA standards that govern the activities of individuals in and around trench excavations. Both the Trench Safety System and the general safety plan shall be submitted to the Owner's Engineer prior to the start of construction. 950.03 REGULATORY COMPLIANCE All trench excavations shall be accomplished in accordance with the detailed specifications set out in the provisions for Excavations, Trenching, and Shoring, as published by the Federal Occupational Safety and Health Administration(OSHA), 29 CFR, Part 1926, Subpart P, Section 1926.650- 1926.653,and also the Rules published in the Federal Register(Vol. 52,No.209,pages 45959 - 45991) on Tuesday October 31, 1989, or the latest revision thereof. These sections are hereby incorporated, by reference, into these specifications. Whatever method or option the Contractor may select, a request in writing must be submitted to the Engineer for approval before work can start. REVIEW AND APPROVAL OF METHOD, EQUIPMENT AND PLANS BY THE ENGINEER WILL BE ONLY FOR GENERAL CONFORMANCE WITH OSHA SAFETY STANDARDS, AND IN NO CASE WILL REVIEW AND APPROVAL RELIEVE THE CONTRACTOR OF SOLE AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ENSURING THE TS 950-1 SAFETY OF ALL PERSONS PRESENT AT HIS WORK SITE OR FROM PROTECTING PROPERTY FROM DAMAGE WHICH MAY RESULT FROM HIS CONSTRUCTION OPERATIONS. 950.04 EXISTING STRUCTURES Where existing buildings, other utilities, streets, highways, or other structures are in close proximity to the trench, adequate protection shall be provided by the use of sheeting and shoring to protect the structure, street, or highway from possible damage. In the case of utilities, the Contractor may elect to remove the utility provided that the removal and subsequent replacement meets with the approval of the Engineer and the utility owner. In all cases, it shall be the responsibility of the Contractor to protect public and private property and any person or persons who might, as a result of the Contractor's work,be injured. 950.05 IMPLEMENTATION AND INSPECTION The Contractor shall make daily inspections of the Trench Safety Systems to ensure that the systems meet OSHA requirements. Daily inspections are to be made by a "competent person" provided by the Contractor. If evidence of possible cave-ins, or failures, is apparent, all work in the trench shall cease until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. The Contractor shall maintain a permanent record of daily inspections. It is the sole duty,responsibility and prerogative of the Contractor,not the Owner or the Engineer, to determine the specific applicability of trench safety systems to each field and soil condition encountered on the project. He shall pay special attention to the type of soil or soils in which he will be working, any adjacent roads, highways, and railroads, and any previous excavations. All underground installations shall be located, including utility lines , pipelines, etc., before any excavation begins. The Contractor shall provide a trench safety system in every trench. The trench safety system shall be installed in a true horizontal position, be spaced vertically and shall be secured to prevent sliding, falling, or kickouts. The trench safety system shall be effective to the bottom of the excavation. All trenches shall be provided with an adequate means of exit at all times with spacings of 25 feet or less. These means of exit shall be anchored in place in order to aid in the event a quick exit is necessary. During trench excavation, the excavated material shall be placed a minimum of two feet(2') away from the edge of the trench. 950.06 MATERIALS AND MAINTENANCE Materials used for sheeting, sheet piling, cribbing, bracing, shoring, and underpinning shall be in good serviceable condition. All materials which are found to be defective in any way shall be immediately removed from the job site. It shall be the responsibility of the Contractor to regularly check all trench safety equipment for soundness and adequacy. Steel trench shields shall be constructed of steel plate sides, welded to a steel framework. All shields shall be constructed in order to provide protection equivalent to or greater than sheeting or shoring required for the trench. Adjustable jacks may be used in order to adjust the shield to varying trench widths. An access ladder shall be provided at the midpoint. TS 950-2 All maintenance of the trench safety equipment shall be the sole responsibility of the Contractor. 950.07 INDEMNIFICATION The Contractor shall indemnify and hold harmless the Owner, its employees and agents and the Engineer, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the failure of trenches constructed under this contract. The Contractor acknowledges and agrees that this indemnity provision provides indemnity for the Owner and the Engineer in case the Owner and/or Engineer is negligent either by act or omission in providing for trench safety, including,but not limited to inspections, failure to issue stop work orders, and the hiring of the Contractor. The Trench Safety System plan by the Contractor's Engineer should cover all situations that may be encountered during construction. It should be recognized that information contained in the Geotechnical Report is based on the data obtained from the soil borings and conditions along the line route may differ from those found at the individual soil boring locations. It is the Contractor's responsibilities to detect varying conditions which may be hazardous and take appropriate action. The Contractor is responsible for determining the appropriate trench safety systems necessary for specific locations based on actual subsurface conditions encountered during construction. The Owner and Owner's Engineer shall be held harmless from any claim or liability for injury or loss that results from failure on the part of the Contractor to implement the Trench Safety System plan properly or to make necessary changes to the trench safety systems necessitated by conditions encountered during construction. 950.08 MEASUREMENT AND PAYMENT Measurement for payment for temporary sheeting, shoring,and bracing or equivalent method shall be paid for by the linear foot, all depths, as measured along the center line of the pipe or walls including bore pits in accordance with the specification. Payment shall be full compensation, in accordance with the pay items set in the bid for the trench safety system, including but not limited to planning, engineering, materials, equipment, fabrications, installation, inspection, recovery, all incidental work required, excavation and backfill including all benching,sloping,hauling shoring,sheeting,excess excavations,dewatering, sheet piling,bracing,trench shields,and all other incidentals necessary to provide the trench safety system as specified in the approved Trench Safety System plan. TS 950-3 ITEM 960 GENERAL SOURCE CONTROLS 960.01 GENERAL Description This Item describes erosion and sedimentation control related practices and other storm water pollution prevention measures which must be utilized during construction activities. 960.02 PRODUCTS Provide materials as specified in section titled "Execution". 960.03 EXECUTION General A. No clearing and grubbing or rough cutting, other than as specifically directed by the Owner to allow soil testing and surveying, shall be permitted until erosion and sedimentation control systems are in place. B. Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights-of-way and easements for construction. Damages caused by construction traffic to erosion and sedimentation control systems shall be repaired immediately. C. Contractor shall employ protective measures described in this Item to avoid damage to existing trees to be retained on the project site. D. Conduct all construction operations under this Contract in conformance with the erosion control practices described in this Item. E. Contractor shall be responsible for the maintenance of the access and/or haul roads to and from the construction site. F. The owner reserves the right to restrict travel along the access roads for maintenance purposes. Primarily,the owner will close the road after rain events until the road has dried sufficiently to prevent rutting. This is to protect the subgrade which the owner has been working to establish over the last five years. In the event that the entrance road is closed for an extended period of time,the contractor may access the site, with a maximum of 1 ton trucks with trailers,through an alternative route which will be identified by the owner when needed. 960.04 CONSTRUCTION REQUIREMENTS TS 960-1 The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible earth material exposed by clearing and grubbing; and the surface area of erodible earth material exposed by excavation and embankment construction operations. The Engineer will limit the area of preparing clearing and grubbing and excavation operation to be proportional to the Contractor's capability and progress in keeping the finish grading and other permanent pollution control measures current. The amount of surface area of erodible earth material exposed at one time for this project shall not exceed 5 acres unless otherwise approved by Engineer. Temporary Seeding Temporary Seeding measures, if required, shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased; except where construction activity will resume on a portion of the site within 21 days from when activities ceased(e.g. the total time period that construction activity is temporarily ceased is less than 21 days)then stabilization measures do not have to be initiated on that portion of the site by the 14th day after construction temporarily ceased. Temporary seeding shall be done according to the specification item "Seeding" and subparagraph "Broadcast Seeding". If performed, Temporary Seeding as described herein will not be measured or paid for separately,but will be considered subsidiary to pay item for "General Source Controls". Topsoiling for Erosion and Sedimentation Control Systems A. When topsoiling is called for as a component of another Item, conduct erosion control practices described in this Item during topsoiling operation. 1. When topsoiling, maintain erosion and sedimentation control systems, such as swales, grade stabilization structures,berms, dikes, waterways, and sediment basins. 2. Maintain grades which have been previously established on areas to be topsoiled. 3. After the areas to be topsoiled have been brought to grade, and immediately prior to dumping and spreading the topsoil, the subgrade shall be loosened by discing or by scarifying to a depth of at least 2 inches to permit bonding of the topsoil to the subsoil. Compact by passing a bulldozer up and down the slope, tracking over the entire surface area of the slope to create horizontal erosion control slots. 4. No sod or seed shall be placed on soil which has been treated with soil sterilants until sufficient time has elapsed to permit dissipation of toxic materials. Structural Practices and Offsite Vehicle Tracking Structural practices for sedimentation control shall include the use of filter fabric fencing and/or straw bales. Sediment should be removed from behind the filter fabric barriers, straw bale fences, or other devices when it becomes about 1/3 the height of the device. All temporary controls will be removed after the disturbed areas have been stabilized. TS 960-2 Stabilization of construction entrances may need to be provided to help reduce vehicle tracking of sediments. By the end of each day, soil tracked onto the road(s)will be swept or scraped up. Protection of Trees in Construction Areas A. Heavy equipment, vehicular traffic, and stockpiles of construction materials, including topsoil, should not be placed under the dripline of any tree to be retained if possible. Contractor shall avoid all contact with trees to be retained unless otherwise directed by the Owner or required by the work under this Contract. B. Tree trunks, exposed roots, and limbs of the trees designated to be retained which are damaged during construction operations will be cared for as prescribed by a forester or licensed tree expert at the expense of the Contractor. Dust Control A. Control dust blowing and other movement on construction sites and roads to prevent exposure of soil surfaces, to reduce on and offsite damage,to prevent health hazards, and to improve traffic safety. B. Control dust blowing by utilizing one or more of the following methods. 1. Mulches bound with chemical binders such as Curasol, Terratack, or equal. 2. Temporary vegetative cover. 3. Spray-on adhesives on mineral soils when not used by traffic. 4. Tillage to roughen surface and bring clods to the surface. 5. Irrigation by water sprinkling. 6. Barriers using solid board fences, snow fences,burlap fences, crate walls, bales of hay, or similar materials. C. Dust control methods shall be implemented immediately whenever dust can be observed blowing on the project site. Equipment Maintenance and Repair Maintenance and repair of construction machinery and equipment must be confined to areas specifically designated for that purpose. Such designated areas must be located and designed so that oils, gasoline, grease, solvents, and other potential pollutants cannot be washed directly into receiving streams or storm water conveyance systems. These areas must be provided with adequate waste disposal receptacles for liquid as well as solid waste. Maintenance areas should be inspected and cleaned daily. On a construction site where designated equipment maintenance areas are not feasible, care must be taken during each individual repair or maintenance operation to prevent potential pollutants TS 960-3 from becoming available to be washed into streams or conveyance systems. Temporary waste disposal receptacles must be provided. Waste Collection and Disposal A plan shall be formulated for the collection and disposal of waste materials on a construction site. Such a plan must designate locations for trash and waste receptacles and establish a special collection schedule. Methods for ultimate disposal of waste must be specified and carried out in accordance with applicable local, state and federal health and safety regulations. Special provisions must be made for the collection and disposal of liquid wastes and toxic or hazardous materials. Receptacles and other waste collection areas must be kept neat and orderly to the extent possible. Waste should not be allowed to overflow its container or accumulate for excessively long periods of time, as determined by the project inspector. Trash collection points must be located where they will least likely be affected by concentrated storm water runoff. Washing Areas Vehicles such as cement or dump trucks and other construction equipment must not be washed at locations where the runoff will flow directly into a watercourse or storm water conveyance system. Special areas must be designated for washing vehicles. These areas should be located where the wash water will spread out and evaporate or infiltrate directly into the ground, or where the runoff can be collected in a temporary holding or seepage basin. Wash areas must have gravel or rock bases to minimize mud generation. Storage of Construction Materials, Chemicals, Etc. Sites where chemicals, cements, solvents, paints, or other potential water pollutants are to be stored, must be isolated in areas where they will not cause runoff pollution. Toxic chemicals and materials, such as pesticides, paints, and acids must be stored in accordance with manufacturer's guidelines. Groundwater resources must be protected from leaching by placing a plastic mat,packed clay,tar paper, or other impervious materials on any areas where toxic liquids are to be opened and stored. Demolition Areas Demolition projects usually generate large amounts of dust with significant concentrations of heavy metals and other toxic pollutants. Dust control techniques shall be used to limit the transport of the airborne pollutants. However, water or slurry used to control dust must be retained on the site and not be allowed to run directly into watercourses or storm water conveyance systems. Sanitary Facilities All construction sites must be provided with adequate sanitary facilities for workers in accordance with applicable health regulations. TS 960-4 Pesticides Pesticides used during construction should be stored and used in accordance with manufacturers' guidelines and with local, state and federal regulations. Overuse should be avoided and great care should be taken to prevent accidental spillage. Pesticide containers must never be washed in or near flowing streams or storm water conveyance systems. 960.05 ADDITIONAL WORK REQUIRED Any appreciable build-up of silt in stormwater conveyance systems or channels downstream from the project which are attributable to project construction work will be removed by the Contractor to the satisfaction of the Engineer. Any clean-up of stormwater conveyance systems or downstream channels will be considered a part of this pay item. Should preventive measures fail to function effectively, the Engineer will require the Contractor to act immediately to bring the storm water pollution problem under control by whatever additional temporary means are necessary. 960.06 MEASUREMENT AND PAYMENT This item is included in the Bid Proposal as a Lump Sum pay item to include cost of all work performed under this Item. Payments will be made based on the Lump Sum price times the Monthly Estimate's percentage of work completed on the Contract total. Payment for this item includes cost of filter fabric fencing, straw bales, and all materials, equipment, labor, and all incidental expenses for construction of these items, including but not limited to,protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sedimentation control systems at the end construction. END OF SECTION TS 960-5 ITEM 975 STORM WATER CONSTRUCTION PERMIT COMPLIANCE 975.01 GENERAL This item describes the steps necessary for compliance with the Texas Pollutant Discharge Elimination System(TPDES)General Permit Number TXR150000 Relating to Discharges From Construction Activities as issued and effective on March 5, 2003. This General Permit authorizes discharges of storm water from sites disturbing greater than 1 acre. The EPA has authorized the Texas Commission on Environmental Quality(TCEQ) to administer the program and permit which implements the requirements of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code. If a Storm Water Pollution Prevention Plan(SWPPP) is included as part of these Contract Documents, then the provisions of the provided SWPPP can be utilized by the Contractor for General Permit compliance activities. If a SWPPP is not provided,then the Contractor shall develop a Storm Water Pollution Prevention Plan(SWPPP)based on the applicable requirements of the TPDES General Construction Permit as published in the Texas Register/Vol. 28,No. 13/March 28, 2003, or as amended or reissued. It is the ultimate responsibility of the Contractor to comply with all applicable regulatory requirements. If the provided SWPPP is utilized, it is the Contractor's responsibility to review the SWPPP to insure that it constitutes compliance, in the Contractor's opinion. More information regarding the permit can be found at the following website: https://www.tceq.texas.gov/permitting/stormwater/construction or by contacting the TCEQ directly. As a condition of the Agreement, all elements of the provided or accepted SWPPP and other activities required by the Construction General Permit must be implemented and maintained until acceptance of Final Stabilization by the Owner. The Construction General Permit requirements differ for Phase I (disturbance of> 5 acres or disturbance of less than 5 acres but of a common plan disturbing> 5 acres) and Phase II (disturbance of 1 to less than 5 acres) sites. Compliance with the Construction General Permit consists of(but is not limited to) the following main items as listed for Phase I and Phase II sites. TS 975-1 Large Sites Activities disturbing> 5 acres or part of a common plan of development disturbing> 5 acres 1.Completion and submission of a Notice of Intent(NOI) and associated fees to the TCEQ to obtain authorization to discharge storm water associated with construction activity at least 2 days prior to the commencement of construction activities. 2. If an operator changes or is added to the project who participates in SWPPP activities, the new operator must submit an NOI at least 2 days before assuming operational control of the project. 3. Post a copy of the signed NOI at the construction site in a location where it is readily available for review. Additionally, post a notice near the main entrance to the site describing where the SWPPP will be kept. 4. Provide a copy of the signed NOI to the operator of any Municipal Separate Storm Sewer System(MS4) operator 2 days prior to commencing construction activities. See the following webpage or consult with the TCEQ for a listing of MS4 operators and their addresses. https://www.tceq.texas.gov/permitting/stormwater/ms4 5. Implement the SWPPP prior to the commencement of construction activities. 6. Comply with any approved local plan, if any. 7. Completion of forms and information as required by the SWPPP. 8. Install Interim Practices according to schedule in the SWPPP. 9. Install Permanent Practices according to schedule in the SWPPP. 10. Maintain Interim Practices in good working order for the duration of the project. 11. Designate a qualified person or persons to perform SWPPP inspections. 12. Perform inspections in accordance with the SWPPP. 13. Revise and update the SWPPP according to changes in actual pollution control practices within the project limits and re-certify the SWPPP when such changes are made. 14. Submit a Notice of Termination (NOT) to the TCEQ and applicable MS4 operator within 30 days after - final stabilization is achieved; or - another operator assumes control over areas not yet stabilized; and - all temporary erosion controls are removed or transferred to another operator. TS 975-2 Small Sites Activities disturbing 1 to less than 5 acres NOT part of a common plan of development disturbing 5 acres or more. 1. The Contractor must develop a SWPPP according to the provisions of the Construction General Permit that covers either the entire site or all portions of the site for which the applicant is the operator. 2. The Contractor shall implement all requirements of the SWPPP as produced prior to commencing construction activities. 3. Sign a completed construction site notice and post it at the construction site in a location readily available for viewing by the general public, local, state, and federal authorities, rior to commencing construction activities. 4. Provide a copy of the signed and certified construction site notice to the operator of any MS4 receiving the site discharge at least 2 days prior to commencing construction activities. 5. Compliance with an approved local plan, if any. 6. Completion of forms and information by Contractor as required by the SWPPP. 7. Installation of Interim Practices according to schedule in SWPPP. 8. Installation of Permanent Practices according to schedule in the SWPPP. 9. Maintenance of Interim Practices in good working order for the duration of the project. 10. Designation of a qualified person or persons to perform SWPPP inspections. 11. Perform inspections in accordance with the SWPPP. 12. Revise and update the SWPPP according to changes in actual pollution control practices within the project limits and re-certify the SWPPP when such changes are made. Records For a period of 3 years from either the date of NOT submittal or the date of final stabilization, the Contractor must maintain records including: -Copy of the SWPPP -All reports and documentation of required actions, including, but not limited to, a copy of the site notice, inspection records, etc. -All data used to complete the NOI, if applicable TS 975-3 975.02 MEASUREMENT AND PAYMENT This item is included in the Bid Proposal as a Lump Sum pay item to include the cost of all work performed under this item including all structural and non-structural controls and all other work and fees necessary for compliance with the Construction General Permit. Measurement and payment of the Lump Sum bid for this item will be on a percentage of completion basis according to the following schedule: Submission of NOI(only necessary for Phase I)and development of SWPPP 10% Proper installation of interim stabilization or structural practices (BMPs) 30% (for example: silt fence, stabilized construction site exit, rock filter dams, vegetative buffer strips, detention pond) Completion of required inspections,reporting and BMP maintenance 30% distributed evenly for project duration (For example: 30%/6 months =5%per month) Proper installation of permanent stabilization or structural practices (BMPs) 30% Submittal of copies of the following documents will be required prior to release of any interim payments for any pay items on this project: Notice of Intent(for Phase I projects) Completed SWPPP forms information Any changes to the SWPPP Monthly submittal of inspection records and any follow-up maintenance reports if required Notice of Termination(for Phase I projects) END OF SECTION TS 975-4 ITEM 01330 SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 SECTION INCLUDES A. Submittal procedures for: 1. Schedule of values. 2 Construction schedules and cash flow curve (billing forecast). 3. Shop drawings, product data and samples. 4. Operations and maintenance data. 5. Manufacturer's certificates. 6. Construction photographs. 7. Project record documents and monthly certification. 8. Video tapes. 9. Design mixes. 1.2 SUBMITTAL PROCEDURES A. Scheduling and Handling. 1. Submit shop drawings, data and samples for related components as required by Engineer. 2. Schedule submittals well in advance of need for material or equipment for construction. Allow time to make delivery of material or equipment after submittal is approved. 3. Develop submittal schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. Engineer will review and return submittals to Contractor as expeditiously as possible but amount of time required for review will vary depending on complexity and quantity of data submitted. In no case will submittal schedule be acceptable that allows less than 30 days for initial review by Engineer. This time for review is not justification for delays or additional compensation to Contractor. 4. Engineer's review of submittals covers only general conformity to Drawings, Specifications and dimensions that affect layout. Contractor is responsible for quantity determination. No quantities will be verified by Engineer. Contractor is responsible for errors, omissions or deviations from Contract requirements; review of submittals in no way relieves Contractor from the obligation to furnish required items according to Drawings and Specifications. 5. Submit 5 copies of documents unless otherwise specified in following paragraphs or Specifications. 6. Revise and resubmit submittals as required. Identify all changes made since previous submittal. TS 01330-1 7. Assume risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into Work or included in periodic progress payments until approval has been obtained in specified manner. B. Transmittal Form and Numbering. 1. Transmit each submittal to Engineer with transmittal letter which includes: a. Date and submittal number. b. Project title and number. c. Names of Contractor, Subcontractor, Supplier and Manufacturer. d. Identification of product or material being supplied. e. Location of where product or material is being installed. f. Specification section number. 2. Identification of deviations from contract documents must be clouded on submitted drawings, and itemized and detailed on separate 8-1/2 by 11-inch sheet titled "DEVIATIONS FOR CONSTRUCTION DRAWINGS." When deviations do not exist, this sheet must state so. 3. Design deviations must be signed and sealed by Professional Engineer registered in State of Texas. 4. Sequentially number each transmittal letter beginning with number 1. Resubmittals use original number with alphabetic suffix(i.e.,2A for first resubmittal of Submittal 2 or 15C for third resubmittal of Submittal 15). Each submittal shall only contain one type of work,material, or equipment. Mixed submittals will not be accepted. C. Contractor's Stamp. 1. Apply Contractor's Stamp, certifying that items have been reviewed in detail and are correct in accordance with Contract, except as noted by any requested variance. 2. As a minimum, Contractor's Stamp shall include: a. Contractor's name. b. Job number. c. Submittal number. d. Certification statement Contractor has reviewed submittal and it is in compliance with Contract. e. Signature line for Contractor. D. Submittal Response. 1. Submittal will be returned marked"ACKNOWLEDGE RECEIPT" when no response is required. Resubmittal is not required. 2. Submittal will be returned marked "NO EXCEPTION" when sufficient information is supplied to determine item described is equal to that specified. Resubmittal is not required. 3. Submittal will be returned marked"EXCEPTIONS AS NOTED" when sufficient TS 01330-2 information is supplied to determine that item will be acceptable when certain changes are made. Changes, or exceptions, will be clearly stated. When exceptions require other changes, additional changes must be submitted for approval. Resubmittal is not required,when exceptions do not require other changes. 4. When submittal does not contain sufficient information or when information provided does not meet contract requirements, submittal will be returned "REJECTED- RESUBMIT." Additional data or details as requested by Engineer for approval must be formulated and resubmitted as required. END OF SECTION TS 01330-3 ...:.;r<.3... .:r?•'nC enfl'.�n ........ _ Fes,x _ _ .. ITEM 1500 STEEL SHEET PILES PART 1 -GENERAL 1.1 SUMMARY A. Section includes steel sheet piles 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Mill test reports. C. Pile-Driving Equipment Data: Include type, make, and rated energy range; weight of striking part of hammer;weight of drive cap; and,type,size, and properties of hammer cushion. D. Pile-driving records. E. Field quality-control reports. F. Shop drawings G. Wing wall alignment with proposed sections 1.3 QUALITY ASSURANCE A. Handle and store piles at Project site to prevent buckling or physical damage. B. Shop drawings and wing wall alignment with proposed sections shall be submitted to owner for approval prior to fabrication and/or erection. PART 2-PRODUCTS 2.1 STEEL SHEET PILES A. For hot-rolled sheet piling,furnish steel that meets ASTM A 572 Grade 50 ksi. Steel sheet piling may be substituted with a section modulus and minimum thickness of material equal to or greater than that of the section specified. If a hot-rolled section is specified, the substitute section must also be hot-rolled. TS 1500-1 2.2 FABRICATION A. Pile-Length Markings: Mark each pile with horizontal lines at 12-inch intervals;label the distance from pile tip at 60-inch intervals. B. Fabricate full-length piles to eliminate splicing during driving,with ends square. 2.3 FINISHES A. Apply coatings and finishes as indicated in the Drawings and in accordance with manufacturers written recommendations. B. Steel Finishes: 1. Preparation for Shop Priming: Prepare uncoated ferrous-metal surfaces to comply with requirements indicated below for environmental exposure conditions of installed metal fabrications: a. SSPC-SP 6/NACE No. 3, "Commercial Blast Cleaning." 2. Shop Priming: Apply shop primer to uncoated surfaces of metal fabrications to comply with SSPC-PA 1, "Paint Application Specification No. 1: Shop, Field, and Maintenance Painting," for shop painting. PART 3 -EXECUTION 3.1 PRELIMINARY WORK A. Wave Equation Analysis of Pile Drivability 1. Prior to driving any pile, the Contractor shall submit a pile Wave Equation Analysis, performed by his Engineer. This analysis shall take into account the proposed hammer assembly, pile cap block and cushion characteristics, the pile properties and estimated lengths and the soil properties anticipated to be encountered throughout the installed pile length based on static capacity analysis with consideration of driving gain/loss factors. Only one specific model of pile hammer may be used for each pile type and capacity. 2. The Wave Equation Analysis shall demonstrate that the piles will not be damaged during driving, shall indicate that the driving stresses will be maintained within the limits below and indicate the blow count necessary to achieve the required penetration and/or ultimate static pile capacities,stated within the contract drawings. Allowable Driving Stresses: (Steel) Compression-0.9 fy Tension-0.9 fy Where fy is yield strength of steel. TS 1500-2 3.2 DRIVING PILES A. General: Continuously drive piles to elevations or penetration resistance indicated. Establish and maintain axial alignment of leads and piles before and during driving. B. Heaved Piles: Redrive heaved piles to tip elevation at least as deep as original tip elevation with a driving resistance at least as great as original driving resistance. C. Driving Tolerances: Drive piles without exceeding the following tolerances, measured at pile heads: 1. Location: 2 inches from location indicated after initial driving, and 4 inches after pile driving is completed. 2. Plumb: Maintain 1 inch in 8 feet from vertical,or a maximum of 4 inches,measured when pile is aboveground in leads. D. Withdraw damaged or defective piles and piles that exceed driving tolerances and install new piles within driving tolerances. Fill holes left by withdrawn piles as directed by Engineer. E. Cutting Off: Cut off tops of driven piles square with pile axis and at elevations indicated. F. After driving piling, clean and paint damaged areas, field splices,or areas missing the shop coat with appropriate coating system and in accordance with manufacturer's instructions. G. Pile-Driving Records: Maintain accurate driving records for each pile,compiled and attested to by a qualified individual. Records should include the following data: 1. Pile location 2. Deviations from design location 3. Original length 4. Mudline elevation 5. Tip elevation 6. Cutoff elevation 7. Penetration in blows per foot for the last 10 8. Hammer make, size,and rate of operation 9. Unusual pile behavior or circumstances experienced during driving such as redriving, heaving,weaving, obstructions, and unanticipated interruptions 3.3 FIELD QUALITY CONTROL A. Special Inspections: Notify Engineer of Record to perform the following special inspections: 1. Sheet Pile Installation. B. Testing Agency: Notify Engineer of Record to perform tests and inspections. C. Tests and Inspections: 1. Weld Testing: Welds will be visual inspected; welds shall be tested and inspected according to AWS D1.1/D1.1M. TS 1500-3 PART 4-MEASUREMENT AND PAYMENT STEEL PILE: All equipment, materials, and labor necessary for installing wing walls shall be included in the LUMP SUM.No separate measurement of payment will be made for the Work in this Section; all the costs of such Work shall be included in the prices bid for the various items in the Schedule of Quantities and Prices. END OF SECTION TS 1500-4 466 Item 466 Headwalls and Wingwalls IT Texas of Transportaion ; 1. DESCRIPTION Furnish,construct,and install concrete headwalls and wingwalls for drainage structures and underpasses. 2. MATERIALS 2.1. General.Furnish materials in accordance with the following. • Item 420,"Concrete Substructures," • Item 421,"Hydraulic Cement Concrete,"and • Item 440,"Reinforcement for Concrete." Use Class C concrete for cast-in-place and precast concrete units unless otherwise shown on the plans. Furnish cast-in-place or precast headwalls and wingwalls unless otherwise shown on the plans. 2.2. Fabrication. 2.2.1. General.Fabricate cast-in-place concrete units and precast units in accordance with Item 420"Concrete Substructures."Use the following definitions for headwalls and wingwalls: • "Headwalls"refers to all walls,including wings,at the ends of single-barrel and multiple-barrel pipe culvert structures. ■ "Wingwalls"refers to all walls at the ends of single-barrel or multiple-barrel box culvert structures. 2.2.2. Lifting Holes.Provide no more than 4 lifting holes in each section for precast units.Lifting holes may be cast,cut into fresh concrete after form removal,or drilled.Provide lifting holes large enough for adequate lifting devices based on the size and weight of the section.The maximum hole diameter is 3 in.at the inside surface of the wall and 4 in.at the outside surface.Cut no more than 1 longitudinal wire or 2 circumferential wires per layer of reinforcing steel when locating lift holes.Repair spalled areas around lifting holes. 2.2.3. Marking.Clearly mark each precast unit before shipment from the casting or fabrication yard with the following: • the date of manufacture, • the name or trademark of the manufacturer,and ■ the type and size designation. 2.2.4. Storage and Shipment.Store precast units on a level surface. Do not place any loads on precast concrete units until design strength is reached. Do not ship units until design strength requirements have been met. 2.2.5. Causes for Rejection. Precast units may be rejected for not meeting any one of the specification requirements. Individual units may also be rejected for fractures or cracks passing through the wall or surface defects indicating honeycombed or open texture surfaces.Remove rejected units from the project,and replace them with acceptable units meeting the requirements of this Item. 2.2.6. Defects and Repairs.Occasional imperfections in manufacture or accidental damage sustained during handling may be repaired.The repaired units will be acceptable if they conform to the requirements of this Item and the repairs are sound,properly finished,and cured in conformance with pertinent specifications. 663 466 3. CONSTRUCTION 3.1. General.Remove portions of existing structures and drill,dowel,and grout in accordance with Item 420, "Concrete Substructures." 3.2. Excavation,Shaping, Bedding,and Backfill.Excavate,shape,bed,and backfill in accordance with Item 400,"Excavation and Backfill for Structures."Take special precautions in placing and compacting the backfill to avoid any movement or damage to the units.Bed precast units on foundations of firm and stable material accurately shaped to conform to the bases of the units. 3.3. Placement of Precast Units.Provide adequate means to lift and place the precast units.Fill lifting holes with mortar or concrete and cure. Precast concrete or mortar plugs may be used. 3.4. Connections.Make connections to new or existing structures in accordance with the details shown on the plans.Furnish jointing material in accordance with Item 464,"Reinforced Concrete Pipe,"or as shown on the plans. Remove a length of the existing pipe from the headwall to the joint when removing existing headwalls as shown on the plans or as approved.Re-lay the removed pipe if approved,or furnish and lay a length of new pipe. 4. MEASUREMENT This is a plans quantity measurement item.The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2., `Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 4.1. Headwalls.Headwalls will be measured by each end of a structure. 4.2. Wingwalls.Wingwalls will be measured by one of the following methods: 4.2.1. Square Foot.Wingwalls will be measured by the square foot of the front surface area of the wall of each type.The area will be measured from the top of the footing or apron to the top of the wall unless otherwise shown on the plans.If there is no footing or apron,then measurement is from the bottom of the wall. 4.2.2. Each.Wingwalls will be measured by each end of a structure. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the price bid for"Headwalls"of the type and pipe size(diameter or design) specified,"Wingwalls"of the type specified when measurement is by the square foot,or"Wingwalls"of the type and wall height specified when measurement is by each. For payment purposes,the wingwall height will be rounded to the nearest foot.All wingwalls and headwalls of the same type will be paid for equally when skew does not affect the type.This price is full compensation for constructing,furnishing,transporting,and installing the headwalls or wingwalls;connecting to existing structure; breaking back, removing and disposing of portions of the existing structure,and replacing portions of the existing structure as required to make connections;excavation and backfill;and concrete, reinforcing steel,corrugated metal pipe or reinforced concrete pipe,equipment,labor,tools,and incidentals. Apron concrete or riprap between or around the wingwalls of single-or multiple-barrel box culvert structures will be measured and paid for in accordance with Item 432,"Riprap." The removal and re-laying of existing pipe or the furnishing of new pipe to replace existing pipe will not be paid for directly but will be considered subsidiary to this Item. 664 SECTION G SCOPE OF WORK CITY OF PORT ARTHUR,TEXAS EL VISTA PUMP STATION IMPROVEMENTS PROJECT 1.0 SCOPE OF WORK It is the intent of the Contract Documents to provide the requirements and specification for the construction associated with the City of Port Arthur,Texas,El Vista Pump Station Improvements Project. BASE BID: The project scope for the base bid includes but is not limited to: • Demolition of existing structures in the City of Port Arthur ROW. All material and removed structures shall become the property of the Contractor; • The excavation and shaping of proposed ditch to lines and grades shown on the plans. Contractor may reuse topsoil and sod for the final grading; • The installation of structural sheet piles to lines and grades shown on the plans; • The excavation of existing embankment to limits and grades as shown on the plans; • The construction of proposed embankment and fill to limits and grades as shown on the plans; • The construction of proposed concrete headwall and wingwalls as per the plans and details; • The placement of 6"concrete liner to the lines and grades shown on the plans; • The removal of existing 30"and 36"steel discharge piping; • The installation of proposed 30"and 36"HDPE discharge piping to existing elevations,connections to existing pump discharge flange,reconstruction of concrete wall,and installation of proposed flap gates as shown on the plans and details; • Final site clean up and grading and the placement of top soil and hydromulch seeding in all disturbed areas of the project as described in the plans and specifications; 2.0 BID ITEM NOTES Contractor's bid shall include all labor,material and equipment, and overhead costs to perform work described in the plans and specifications.Any other work necessary for the intended work as described in the plans and specification not specifically detailed in the unit price description or in the plans and specifications shall be made subsidiary to the bid items provided. Bid Item 1-Mobilization -Contractor shall perform mobilization per technical specifications. Bid Item 2-Clearing and Grubbing-Contractor shall perform this bid item per technical specifications. This quantity includes all areas in the City of Port Arthur Right of Way(ROW)and easements within the project limits which are not currently covered by concrete lining. Contractor shall leave as many trees, shrubs,and structures undisturbed as possible. Disturb only if necessary. All cleared and grubbed material such as buildings,slabs,fences, structures,trees,dirt, shrubs,roots, broken concrete,asphalt and other debris encountered in the permanent City easement and removed shall become the property of the contractor and shall be disposed of by contractor at Contractor's expense. Offsite location of excavated material placement shall be approved by the Owner. Bid Item 3-Remove Existing Structures-This bid Item shall include the saw cutting,removal of existing concrete liner to the limits shown on the drawings and disposal of removed concrete lining. All concrete lining debris shall become the property of the Contractor and be disposed offsite at no additional cost to the Owner. Location of concrete disposal shall be approved by Owner. Contractor shall only be allowed to remove 253 lineal feet of existing liner and excavate soil prior to the placement of new liner to prevent washout of exposed earthen ditch banks without approval of Engineer. This Bid Item shall be performed according to the requirements set forth in Technical Specification 190 "Removing Old Structures". Bid Item 4—Sheet Piling—Contractor shall perform this bid item per technical specifications and per the Geotechnical Report(Exhibit A)to the lines and grades shown on the plans. Bid Item 5 -Channel Excavation-The work under this item shall include the excavation of soil to the lines and grades shown on the plans for the installation of all concrete liner,toe walls,and downspouts. The estimated quantity for this Bid Item only includes the excavation and work associated with the ditch and liner construction. All excavated material shall be disposed of by contractor at Contractor's expense. Any excess excavated material that is not hauled off and is classified as "Select Fill"may be used as fill for ruts and backfill at the top of the concrete liner. Any fill shall be placed and graded to facilitate drainage. Existing surface drainage shall not be impaired. Bid Item 6 -Embankment and Fill—Contractor shall perform this bid item per technical specifications to limits and grades shown on the plans. Bid Item 7- Concrete Channel Liner-Contractor shall perform this bid item per technical specifications. Concrete finish for the concrete liner slopes and bottom shall be a light broom finish. Concrete liner slopes shall be 6" thick and concrete liner bottom shall have a thickness of 6". This item shall also include the construction of concrete ramp,and weep holes,per the construction plans. Concrete for Liner slopes shall be Class A Concrete. If the Channel Bottom is to be utilized for construction access of concrete trucks,dump trucks,or any other construction vehicles or equipment the pavement shall attain the design compressive and flexural strength for Class A Concrete. The contractor may propose the use of a high early mix design in lieu of the Class A Concrete to benefit the contractor and construction progress. Any costs associated with the use of high early concrete shall be subsidiary to this bid item. If the channel bottom is utilized as a concrete truck route,concrete trucks shall be limited to 7 yard loads. Bid Item 8-Construction of Concrete Headwall with Wingwalls—Contractor shall perform this bid item per technical specifications and construction plans. Bid Item 9—Hydromulch Seeding—Contractor shall perform this item per technical specifications. All disturbed areas shall be graded and seeded to prevent erosion. Seeding shall be solid across disturbed areas with no gaps. Bid Item 10—Storm Water Permit Compliance—Contractor shall perform this bid item per technical specifications. Contractor is responsible for the submission of the N.O.I. and N.O.T. and payment of associated fees. Bid Item 11—30"Discharge Piping Replacement—This bid item shall include removal of existing 30" steel pipe and replacing with 30"HDPE pipe including excavation,demolition and repair of concrete wall,backfill, fittings,connection to flanged pump discharge, and installation of a 30"Waterman Model F-10 flap gate, all in strict accordance with the technical specifications. Bid Item 12—36"Discharge Piping Replacement—This bid item shall include removal of existing 36" steel pipe and replacing with 36"HDPE pipe including excavation, demolition and repair of concrete wall,backfill,fittings,connection to flanged pump discharge, and installation of a 36"Waterman Model F-10 flap gate, all in strict accordance with the technical specifications. Bid Item 13—Concrete Spillway Removal and Replacement—This bid item shall include the removal and replacement of the existing swale ditch entry into the forebay and surrounding concrete lining as shown on the plans. Bid Item 14—Structural Rock Backfill—This bid item shall include the purchase and placement of structural rock backfill as needed to aid in the construction of the ditch bottom. Maximum placement is 8"depth. Bid Item 15—Bypass Pumping—Contractor shall perform this bid item on an as needed basis. Bid Item 16—Contingency Allowance—This bid item is to be used for field changes as required for unforeseen conditions;to be approved by the City and/or Engineer with Contractor submitted cost change request before work is performed, all in strict accordance with the plans and specifications. 2.1 Measurement and Payment All quantities presented in the Bid Form are in-place quantities. All quantities presented for payment shall be in-place measured quantities in the units provided in the Bid Form. Measurement for Payment shall be based on the limits of construction provided in the quantity sheet in the plans. Work performed outside those described limits will not be considered for payment unless authorized by the Engineer. END OF SECTION SECTION H GEOTECHNICAL REPORT Geotechnical Evaluation Report City of Port Arthur El Vista Pump Station Improvements Port Arthur,Texas Prepared for UA Engineering,Inc. 2615 Calder Ave,Suite 500 Beaumont,TX 77702 e•®'4OP►1��1 . ofPfa . h CtNRistOPNER. D..A! ..k CAiHOj �. . . ............ 29 ;... � 878 s/oit ey• N% ALo," •�.�. l2 ri zo 23 Christopher D. N.Calhoun,Sr., P.E. Senior Engineer License Number: 129878 Project B2310222 BR A U N Braun Intertec Corporation IN T E RT E C TBPELS Firm Registration No. F-12228 The Science You Build On. BRAUN Braun Intertec Corporation 2522 Texas Ave. Phone:409.948.8494 Web: braunintertec.com INT E RT E C Texas City,TX 77590 The Science You Build On. December 11, 2023 Project B2310222 Mr. Cody S. Croley, P.E. Senior Project Manager UA Engineering, Inc. 2615 Calder Ave, Suite 500 Beaumont,Texas 77702 Phone:409.554.8973 Email: ccroley@UA.com Re: Geotechnical Evaluation Report City of Port Arthur El Vista Pump Station Improvements 1101 H 0 Mills Boulevard Port Arthur,Texas 77640 Dear Mr. Croley: We are pleased to present this Geotechnical Evaluation Report for the slope repair at the El Vista Pump Station located in Port Arthur,Texas.The attached report contains a descriptive review of available information, our field exploration program, engineering evaluation, interpretation of the results with respect to the project characteristics,our geotechnical foundation recommendations for the proposed project, as well as construction guidelines for the planned project. Thank you for making Braun Intertec Corporation (Braun Intertec) your geotechnical consultant for this project. If you have any questions about this report, or if we can provide other services in support of our work to date, please contact Christopher D. N. Calhoun, Sr., P.E. at ccalhoun@braunintertec.com or 346.493.1144. Sincerely: BRAUN INTERTEC CORPORATION TBPELS Firm No.F-12228 Christopher D. N. Calhoun, Sr., P.E. Saiprasad Sreekumar Ajitha, E.I.T. Senior Engineer Staff Engineer Thomas Posey, P.E. Priciipel Engineer BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 1 Table of Contents Description Page A. Introduction 3 A.1. Project Description 3 A.2. Purpose 3 A.3. Site Conditions and History 3 A.3.a. Site Features 3 A.3.b. Geology Overview 4 A.4. Scope of Services 5 A.4.a. Subsurface Exploration 5 A.4.b. Geotechnical Laboratory Testing 6 B. Results 6 B.1. Soil Boring Results 6 B.2. Laboratory Test Results 7 B.2.a. Fine-Grained Soils 7 B.2.b. Soil Dispersion Test Results 8 B.3. Groundwater 9 C. General Recommendations 10 C.1. Seismic Site Classification 10 C.2. Rainwater Management 10 C.3. Excavation Oversizing and Slopes 11 C.4. Fill Materials and Compaction 12 C.4.a. Special Inspections of Soils 12 D. Slope Repair Recommendations 13 D.1. Sheet Pile Installation 13 D.2. Slope Repair 14 D.3. Erosion Control 15 E. Slope Stability Analysis 16 E.1. Design Soil Properties 16 E.2. Slope Stability Analysis Results 17 F. Procedures 19 F.1. Test Boring Drilling and Sampling 19 F.2. Boring Logs 19 F.3. Material Classification and Testing 20 G. Qualifications 20 G.1. Variations in Subsurface Conditions 20 G.2. Continuity of Professional Responsibility 20 G.2.a. Plan Review 20 G.2.b. Construction Observations and Testing 21 G.3. Use of Report 21 G.4. Standard of Care 21 BRAUN INTERTEC LJA Engineering, Inc. Project B2310222 December 11, 2023 Page 2 Appendix Plate 1 -Site and Boring Location Plan Plates 2 and 3—Logs of Soil Borings Plate 4- Descriptive Terminology of Soil Plates 5 through 8—Results of Slope Stability Analyses BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 3 A. Introduction A.1. Project Description The project site is located along the southwestern perimeter of the Port Arthur Water Treatment Plant at 1101 H 0 Mills Boulevard, Port Arthur,Texas 77640. We understand that approximately 100-feet of the embankment levee located between the storage pond and approach channel for the El Vista Pump Station has failed,with movement toward the approach channel. Based upon the provided topographic survey,the slope of the embankment levee from centerline at top of crest to centerline of approach channel is approximately 3.3H:1V. The horizontal length from centerline top of crest of embankment levee to centerline of approach channel is approximately 40-feet.The elevation at centerline top of crest of embankment levee is approximately EL. +6.5-feet. Elevation at centerline of the approach channel is approximately EL. -8.3-feet. For this report, it is assumed that no significant grade changes are planned. If project planning includes grade changes greater than 2-feet, we request that you notify Braun Intertec as the proposed grade changes may require changes to proposed geotechnical evaluation. A.2. Purpose The purpose of our geotechnical study was to explore the subsurface soil conditions within the project site by performing soil borings at locations near the slope failure, performing laboratory testing on selected soil samples to characterize the relevant engineering properties of the soil, and developing geotechnical engineering recommendations to guide others in the design and repair of the affected slope. A.3. Site Conditions and History A.3.a. Site Features The project site consists of an earthen embankment which retains water to the north/east within the Port Arthur Water Treatment Plant. The pump station approach channel is located down slope south/west of the embankment. A residential community is located south/west of the approach channel. The slope failure is located along the embankment about 385-feet northwest of 50th Street and Shreveport Avenue. The slope is grass covered and has a dirt road along the crest. The failure appears to begin about halfway up the slope, ending at the toe of the slope which abuts the concrete lining of the BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 4 approach channel. Based on a review aerial imagery on Google Earth',the site has undergone little change since February 1989. Aerial imagery also shows the slope has shown signs of distress since November 2011. Based on the provided documents, the site grade varies from EL.+6.5 feet to EL. -8.3- feet.The layout of the project site is shown on the Site and Boring Location Plan (Plate 1) attached in the Appendix of this report. A.3.b. Geology Overview Our review of published geological information indicates the project site is mapped in an area identified as part of the Beaumont Formation,overlain in some locations by recent Alluvium formations.The Beaumont Formation generally consists of clays, sands,and silts, including mainly stream channel, point- bar, natural levee, back swamp, and to a lesser extent coastal marsh and mud-flat deposits. In the general vicinity of the project site, the Beaumont Formation consists of higher plasticity clays with intermixed and interbedded silty sands with low permeability with high to very high shrink-swell potential throughout the depths of the borings. We based the geologic origins used in this report on the soil types, laboratory testing, and publicly available geological maps of the site. We did not perform a detailed investigation of the geologic history for the site. Figure 1 below shows the geology at the general vicinity of the project site based in the United States Geological Survey. Figure 1. Geologic Map '40147 • Project Site 4 `• ► •nt Forman. * * ?bc) 6 _ ,�► » . • • •. (http://txpub.usgs.gov/txgeology) BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 5 We based the geologic origins used in this report on the soil types, laboratory testing, and publicly available geological maps of the site. We did not perform a detailed investigation of the geologic history for the site. A.4. Scope of Services Our scope of services for this project are in general accordance with Braun Intertec Proposal No. QTB184412 -Rev-1, dated September 7, 2023, which was authorized on September 19, 2023, by Mr. John S. Grounds III, Vice President of UA Engineering, Inc., by signing a Work Authorization for UA Job No. B808-1003. The following list describes the geotechnical tasks completed in accordance with our authorized scope of services. • Drilling and sampling two (2) soil borings at the proposed structure location at the project site. • Performing laboratory testing on selected soil samples collected during the field exploration program to aid in soil classification and engineering analysis. • Performing geotechnical engineering analyses based on the subsurface soil conditions observed at the boring locations. • Preparing this report containing a site and boring location plan, logs of the soil borings, a summary of the soil types encountered in the borings, results of laboratory tests, and geotechnical recommendations for the repair of the slope. Our scope of services does not include environmental services. Braun Intertec personnel performing the geotechnical evaluation are not trained to provide environmental services or testing. However,the Braun Intertec Environmental Team can provide these services or testing at your request. A.4.a. Subsurface Exploration The subsurface soil conditions at the project site were evaluated by drilling and sampling soil borings within the project site.The boring depths are referenced from the existing ground surface at the time of drilling.The approximate locations of the soil borings are presented on the Site and Boring Location Plan (Plate 1) included in the Appendix. The soil borings were drilled with an ARDCO ATV-mounted drill rig using solid flight auger and wet-rotary drilling techniques. Samples were obtained semi-continuously from the ground surface to a depth of 20- feet, and at 5-foot intervals thereafter to the boring completion depths.The borings were sampled in general accordance with ASTM specifications and were visually classified by an experienced geotechnician in the field.After drilling,the selected samples were placed in moisture-controlled bags and transported to our laboratory for additional testing. BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 6 A.4.b. Geotechnical Laboratory Testing Soil samples obtained during field exploration were transported to the Braun Intertec laboratory and selected soil samples were tested to determine material properties for engineering evaluation. Laboratory testing was accomplished in general accordance with ASTM procedures. Laboratory testing on selected samples included the following: • Moisture content tests—intended to aid in classification, evaluation of moisture condition, and estimation of engineering parameters. • Moisture content and unit weight tests—intended to provide measurement of the soil wet and dry unit weights for settlement and bearing capacity calculations. • Atterberg limits tests—intended to evaluate the soil plasticity, estimate whether the materials have the potential for shrink/swell,to aid in estimation of engineering parameters, and to evaluate the reusability of proposed cut/balance materials. • Percent passing#200 sieve—intended to aid in classification and determination of the sand and clay-sized particle distribution. • Unconfined compression (UC) tests—tests performed to measure the soil undrained shear strength. • Crumb Tests-tests performed to identify the dispersive nature of clayey soil. Results for the geotechnical laboratory test results can be found on the Log of Soil Boring sheets (Plates 2 and 3) in the Appendix. B. Results B.1. Soil Boring Results The Appendix includes Log of Boring sheets for the test borings.The logs present the results of laboratory tests performed on selected soil samples with detailed descriptions of soils encountered during the time of our field exploration. A descriptive terminology key (Plate 4) in the Appendix can be used to interpret terms used on the logs. Stratigraphy boundaries were inferred from observations in the field, review of the samples and laboratory test results.The boundaries are approximate, likely vary away from the specific boring location, and may occur as gradual rather than abrupt transitions.Table 1 provides a generalized subsoil strata summary of the materials encountered during the subsurface exploration performed at the site. BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 7 Table 1. Subsoil Strata Summary Soil Type— ASTM Depth' Strata Classification (feet) Commentary and Details • Brown in color. Silt ML 0-2/2.5 • Dry. •Trace roots and trace gravel. • Loose to medium dense relative density. • Brown, light brown,dark brown, and gray in color. • Clay CH,CL 2/2.5-40 Moist. • Varying amounts of gravel,sand,and roots. • Very soft to hard consistency. 1.Referenced from existing ground surface at time of drilling. 6.2. Laboratory Test Results Braun lntertec performed moisture content tests, Atterberg limit tests, percent passing the No. 200 sieve tests, crumb tests, and unconfined compression (UC)tests on selected soil samples.The laboratory test results are provided on the soil boring logs in the Appendix; and are summarized in the sections below. B.2.a. Fine-Grained Soils Fine-grained soils were encountered in both the borings from the ground surface to the boring termination depth of 40-feet. The fine-grained soils consisted of 2 to 2.5-feet of Silt (ML) overlying Fat Clay(CH) and Lean Clay(CL). The moisture content of the natural fine-grained soils encountered varied from approximately 13 to 54 percent. Liquid limits determined for the selected cohesive soils tested ranged from 32 to 70 with corresponding plasticity indices ranging from 16 to 51. Atterberg limit testing helps in the classification of the soils and provides an indication of shrink-swell potential.The results of Atterberg limit testing indicates that the subsurface natural clay soils at the project site generally have a moderate to high shrink-swell potential.Tests on the percent of material passing a No. 200 sieve indicate the natural fine-grained soils have sand/gravel intermixed, with the sand/gravel content ranging from approximately 8 to 29 percent. Standard Penetration Test (SPT) N-Values (the number of blows required to push a 2-inch outside diameter split-barrel sampler about 12-inches by means of an automatic 140-pound hammer falling about 30-inches) within the fine-grained soils ranged from about 5 to 12 blows per foot(bpf). Field Pocket Penetrometer (PP)tests resulted in unconfined compressive (UC) strengths ranging from about 0.25 to 3.25 tons per square foot(tsf). Laboratory UC tests resulted in UC strengths ranging from about 0.7 to 5.9 tsf. A zone of soft clay soils was encountered in Boring B-1 from a depth of about 10-to 16- BRAY N INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 8 feet(EL. -7 to-13) and in Boring 6-2 from a depth of about 12-to 18-feet(EL. -9 to-15). The field strength testing and laboratory UC strength testing indicate that the natural silty soils generally have a loose to medium dense relative density; and the natural clay soils generally have a very soft to hard consistency. B.2.b. Soil Dispersion Test Results Soil dispersion testing was performed on selected samples to evaluate the dispersion characteristics of the soils. These tests consisted of crumb tests (ASTM D6572), which provide a qualitative indication of the dispersive nature of a soil. This test involves placing a predetermined quantity of the suspect soil in a dish of distilled water and monitoring the reaction over time.Table 2 below provides guidelines for evaluating the reaction of soil samples during the crumb test. Table 2.General Guidelines for Crumb Tests Grade Description Grade 1-Nondispersive Crumbs may slake, but no signs of cloudiness caused by colloids in suspension. Grade 2-Intermediate Bare hint of cloudiness in water at surface of crumb. Easily recognizable cloud of colloids in suspension,usually Grade 3-Dispersive spreading out in thin streaks on bottom of beaker. Grade 4-Highly Dispersive Colloid cloud covers nearly the whole bottom of the beaker usually as a thin skin. BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 9 Table 3 presents the results of the laboratory crumb testing for select samples of the material obtained onsite: Table 3. Crumb Test Results Depth Below Boring Existing Grade Soil ID (feet) Classification Grade B-1 8-10 Fat Clay(CH) Grade 4-Highly Dispersive B-1 14- 16 Fat Clay(CH) Grade 4-Highly Dispersive B-1 18-20 Fat Clay(CH) Grade 4-Highly Dispersive B-2 8-10 Fat Clay(CH) Grade 2-Intermediate B-2 12- 14 Fat Clay(CH) Grade 4-Highly Dispersive B-2 16- 18 Fat Clay(CH) Grade 1-Nondispersive In general,the soils encountered in Boring B-1 generally exhibit a strong reaction and the soils encountered in Boring B-2 exhibit a slight to strong reaction. Please note that any variability in results from the crumb tests is just as likely to occur due to specimen variation as due to the testing operator or laboratory testing variation. Erosion control measures are discussed further in Section D.3. Erosion Control. B.3. Groundwater Groundwater water was not encountered in Borings B-1 and B-2 before switching to a wet-rotary drilling method. Based on a survey drawing provided to us,the water surface elevation north/east of the embankment was about EL. +1.4 at the time of the survey(November 2023); and the bottom of the concrete lining for the approach channel south/west of the embankment is about EL. -8.3. Free groundwater may take days or longer to reach full equilibrium in the boreholes. Should the project team identify a need for a more accurate determination of groundwater depths, Braun Intertec will be available to install piezometers upon request. Further, project planning should expect groundwater levels to fluctuate in response to rainfall,flooding, irrigation, seasonal cycles, surface drainage modifications, water levels within the Treatment Plant, and other factors. We recommend that the Contractor determine the actual groundwater levels at the particular time of given construction activities. BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 10 C. General Recommendations C.1. Seismic Site Classification Section 1613 in the 2021 International Building Code(IBC) references Table 20.3-1 Site Classification in Chapter 20 of the American Society of Civil Engineers (ASCE)/Structural Engineering Institute (SEI) 7-10 Minimum Design Loads for Buildings and Other Structures, which presents Soil Site Classification Definitions based on various criteria,which includes Average Standard Penetration Tests(Nbar),Average Shear Wave Velocity, (Vs.bar), and Average Undrained Shear Strength (Su.bar).The table provides correlations for Soil Site Classes "C", "D", and "E" with various ranges of Standard Penetration Tests (Nbar), Shear Wave Velocity, (VS-bar), and Undrained Shear Strength (S,_bar)to be calculated for the top 100-feet of the subsurface materials at a site in accordance with procedures described in Chapter 20. In addition,the section presents criteria related to various soil properties for Site Classes "E" and "F".Table 20.3-1 and the procedures outlined in Chapter 20 have been used to evaluate the Soil Site Classification for this project site. Where undisturbed samples were obtained for fine-grained soils using conventional Shelby tubes, shear strength values obtained from unconfined compressive strength (UC) laboratory tests and our experience in the region were used to determine the average undrained shear strength. Based on the test borings results and our experience,the project site should be within Site Classification "D" according to Table 20.3-1 of ASCE 7-10. C.2. Rainwater Management The initial step to prepare the site for excavation operations should be to develop a drainage plan. Adequate surface runoff drainage should be provided to promote surface runoff away from the work areas. This can be accomplished by utilizing swales and in-place drainage features and setting the embankment grades to ensure positive runoff toward collection points away from work areas. Once collected, excess runoff may be removed by sumps and pumps. Construction following wet weather periods will likely encounter difficulties due to the wet or soft surface soils becoming a general hindrance to equipment due to rutting and pumping of the soil surface and greatly reducing their supporting capacity. If construction begins during or immediately following a wet weather period and the surface soils will not support construction equipment, the soils should be improved by one of the following methods: 1) removal and replacement with select fill, 2) chemical treatment of the soil to dry and increase the stability of the subgrade, or 3) drying by natural means if the BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 11 schedule allows. In our experience with similar soils in this area, chemical treatment is typically the most efficient and effective method to increase the supporting value of a wet and weak subgrade. Braun Intertec should be contacted for additional recommendations if chemical treatment of the soils is needed to alleviate wet/soft subgrade conditions. Temporary excavations and slopes should be protected from surface water flow during construction to prevent instability and erosion. Slope protection as discussed in Section D.3. Erosion Control should be installed as soon as feasible to protect completed slopes. C.3. Excavation Oversizing and Slopes During excavation, we recommend maintaining an excavation slope of 1H:1V or flatter. Based on the borings, we anticipate on-site soils in the embankment will primarily consist of natural cohesive clays. The in-situ subsurface clay soils should also be classified as Type B soils during construction activities.The in-situ subsurface silty/sandy soils should be classified as Type C soils during construction activities. In addition, any soft, cohesive soils, or soils exhibiting seepage should also be classified as Type C soil. In accordance with OSHA(Occupational Safety and Health Administration)guidelines,the following OSHA classifications in Table 4 are recommended for temporary excavations. Table 4. Summary of OSHA Soil Types Including Maximum Allowable Slopes Soil Classification Soil Type Slopes(H:V) Notes ML,SM Type C 1%:1 Predominant materials observed in the borings from the ground surface to depths of 2 to 2.5-feet. CH,CL Type B 1:1 Predominant materials observed in borings below depths of about 2 to 2.5-feet. Slopes constructed in this manner may still exhibit surface sloughing. OSHA requires an engineer to evaluate slopes or excavations over 20-feet in depth. An OSHA-approved qualified person should review the soil classification in the field. Excavations must comply with the requirements of OSHA 29 CFR, Part 1926, Subpart P, "Excavations and Trenches."This document states excavation safety is the responsibility of the contractor.The project specifications should reference these OSHA requirements. BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 12 C.4. Fill Materials and Compaction Table 5 below contains our recommendations for select structural fill materials: Table 5. Fill Materials Locations to Fill USCS Soil Type Be Used Classification Classification Gradation Additional Requirements 100%passing 2-inch sieve 1.Liquid Limit(LL)540 Embankment Select 2.Plasticity Index(PI) between 10 and 20 CL areas structural fill 60%passing 3.<_2%Organic Content(OC) 4.No deleterious material minus#200 5.Non-dispersive,crumb test Grade 1 or 2 sieve Below landscaped 100%passing 3- 1.<_10%OC Non-select fill CH, CL,SC surfaces(non- inch sieve 2. No deleterious material structural) We recommend spreading fill soils in loose lifts of less than 8-inches thick. We recommend compacting fill in accordance with the criteria presented below in Table 6.The project documents should specify relative compaction of fill, based on the structure located above the fill, and vertical proximity to that structure. Table 6.Compaction Recommendations Summary Relative Compaction, (percent) (ASTM D698—Standard Moisture Content Variance from Reference Soil Classification Proctor) Optimum (percentage points) Embankment areas CL 95 0 to+3 Below landscaped surfaces CH,CL,SC 90 ±4 (non-structural) We recommend performing density tests in the area where fill is placed to evaluate if the contractors are effectively moisture conditioning and compacting the soil to meet project requirements. C.4.a. Special Inspections of Soils We recommend that the site grading and placement of fill within the construction areas be tested to confirm earthwork is performed in accordance with our recommendations. A licensed geotechnical engineer should direct the inspection of site grading and fill placement.The purpose of the inspection is BRAUN INTERTEC LJA Engineering, Inc. Project B2310222 December 11, 2023 Page 13 to evaluate whether the work is in accordance with the approved Geotechnical Report for the project. The inspection services should include evaluation of the subgrade, observing preparation of the subgrade (surface compaction or dewatering, excavation oversizing, placement procedures and materials used for fill, etc.) and compaction testing of the fill. D. Slope Repair Recommendations As previously mentioned, a soft zone of Fat Clay(CH) soil was encountered below the existing ground surface in Boring B-1 from 10-to 16-feet and in Boring B-2 from 12-to 18-feet. Additionally, laboratory crumb tests performed on the soils encountered in the borings determined that some of the soils at this site are highly dispersive. We recommend that the soft, dispersive soils be removed to a minimum depth of 12-feet below the crest of the embankment(About EL. -12). In order to facilitate removal of the soft and dispersive soils, we recommend sheet piles be installed along the crest of the slope in order to support the existing embankment during construction,and to reduce seepage of water from the Port Arthur Water Treatment Plant through the embankment. The sheet piles will also increase the long-term stability of the slope after repairs are complete. Recommendations for sheet pile installation, slope repair, and erosion control are provided in the subsequent sections. D.1. Sheet Pile Installation Prior to excavating the failed embankment,we recommend sheet piles be installed vertically along the crest of the embankment. The sheet piles should be continuous along the failure area, and to a distance of at least 5-feet beyond the failure area on both ends. We performed a sheet pile analysis using DeepEx Version 2023. Recommendations for sheet piles are shown in Table 7 below: Table 7. Recommended Sheet Pile Parameters Sheet Pile Section PZ35 Minimum Pile Embedment(feet)' 28 Total Pile Length below Crest(feet)1 40 Pile Spacing Continuous Allowable Top Deflection (inches) 2% Maximum Moment(kip-ft) 58 Elastic Section Modulus(in3/ft) 48.5 1.Assumes 12-foot cantilever during construction to repair slope. BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 14 We did not perform a corrosion study for the soils at this site. In addition,the water within the Port Arthur Water Treatment Plant could be low in pH or chemically treated. Corrosive soil and/or groundwater will deteriorate the sheet piling and could cause excessive deflections at the pile top or additional slope failures. A corrosion engineer should be consulted to determine the rate of corrosion for concrete and metal structures. The sheet piles should be sized to account for any necessary sacrificial steel due to corrosive soil and/or polluted water/wastewater. D.2. Slope Repair After installation of the sheet piles,the soils in the slope failure area in front of the sheet piles should be over-excavated down to about EL. -12. The excavation should extend out horizontally about 23-feet from the crest of the embankment. In order to facilitate the excavation,the water in the approach channel will need to be drained, and the approach channel concrete lining will need to be partially demolished. Pumps and sumps will be required to keep water out of the excavation during the repairs. Once over-excavation is complete,we recommend the excavation be partially backfilled with a minimum of 3-feet of flowable fill. Once allowed to set, the flowable fill will provide a stable platform for placement of select fill to re-construct the embankment slope. Flowable fill should be in accordance with TxDOT Item 401 Flowable Backfill and should also meet the following recommendations: • Sandy soils used for flowable fill should contain no more than 30 percent fines. • The soil and cement should be thoroughly mixed. • Proportioning of the sandy soil and cement should be sufficient to produce a minimum unconfined compressive strength of 100 psi at 7 days while remaining workable for placement. • The flowable fill should not be placed when ambient air temperature is below 40 degrees Fahrenheit. • Placement of the flowable fill should completely fill the space to be backfilled. • The flowable fill should be consolidated using standard ASTM procedures for soil-cement materials; if a fluid consistency is used for the soil-cement slurry,an "elephant trunk"vibrator may be used to consolidate and remove air voids from the mixture. • Backfill over the flowable fill should not be placed until after initial set (4 to 6 hours) has been achieved for the flowable fill. After the flowable fill has set,the slope should be reconstructed with Select Fill. The structural fill material should be placed in maximum 8-inch lifts and conform with recommendations in Tables 5 and 6 BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 15 of Section C.4. Fill Materials and Compaction. The existing on-site soils are not expected to be suitable for re-use as select fill due to the high plasticity and dispersive nature of the soils encountered. Therefore, Select Fill will need to be hauled in from off-site. We recommend a final slope configuration of 3H:1V or flatter. The over-excavated soils may encounter water;therefore, as a contingency for groundwater fluctuation, the contractor should be prepared with a system of sumps and pumps to remove water from the excavation, if required. D.3. Erosion Control Slope stability for the repaired slope will be dependent upon the ability of the slope materials to resist erosion during stormwater runoff and flooding events. Erosion control is particularly important in areas where dispersive and granular soils are present. As discussed previously in this report, several of the crumb tests indicate a slight to strong potential for the presence of dispersive soils. Thus, it is important that erosion control measures be taken for the planned construction. We have assumed that proper erosion control will be implemented for the repaired embankment when performing our slope stability analyses. If dispersive soils are encountered along slopes, these soils should be over-excavated and replaced with non-dispersive Select Fill in order to provide a minimum cover thickness of 3-feet. Alternatively, a system of geotextile fabric and riprap,gabion mattresses, or other protective cover should be used to prevent the dispersion of the in-situ soils. To protect the slopes, we recommend seeding the slope with grass in accordance with TxDOT Item 164 Seeding for Erosion Control. A consideration to water velocities and volumes should be taken into consideration, along with retainage of the slope soils. Riprap (TxDOT Item 432 Riprap), or gabion mattresses (TxDOT Item 459 Gabions and Gabion Mattresses) may also be considered for permanent erosion control features. In addition to seeding the slope and placement of riprap or gabions, we recommend the design of the slope include a backslope drainage system to help mitigate erosion caused by surface runoff. The backslope drainage system could consist of swales or a concrete trench and should be offset a minimum of 5-feet from the crest of the slope. Periodic maintenance is recommended and will be required to evaluate the performance of erosion control measures used for this project. The maintenance program should be a routinely scheduled event and pay particular attention to areas where high water velocities and/or flow occur. Any damage noted BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 16 during maintenance inspections should be repaired promptly to reduce potential damage to other areas of the detention system. E. Slope Stability Analysis E.1. Design Soil Properties Using the program Slide2 Version 9.031 by Rocscience©, Inc., a "back analysis" of the existing slope was performed. A back analysis utilizes the existing slope geometry, visual observations of the slope failure, soil stratigraphy information collected during drilling of the soil borings, field and laboratory soil strength data, and our engineering judgement to estimate the current soil properties at the failed embankment. The back analysis results in a slope with a factor of safety (FS) of about 1.0. As previously mentioned,the embankment was originally constructed prior to 1989; therefore, we used drained (long-term) soil parameters in our back analysis. Soil parameters for sandy/silty soils (friction angle and unit weight) were determined using published correlations to field Standard Penetration Test (SPT) results and laboratory determined grain size distributions. Published papers present correlations between corrected SPT blow counts(N-value) and friction angles as well as the soil relative density and soil unit weight. Undrained (short-term) soil parameters for cohesive soils (cohesion and unit weight) were determined using unconfined compressive strength measurements in the field using a pocket penetrometer as well as unconfined compressive (UC) strength tests performed in our laboratory. Unit weight and Atterberg limits testing to determine the soil plasticity was also utilized in determining the undrained soil parameters. Correlated values from published papers were used to help determine drained soil parameters for cohesive soils. The design soil parameters are shown in Table 8 below: BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 17 Table 8. Design Soil Parameters Undrained Drained Boring Boring Unit Undrained Friction Drained Friction Depth Elevation Weight Cohesion, Angle,4? Cohesion, Angle,4)' (feet) (feet) Soil Description (pcf) C(psf) (°) C'(psf) (°► 0 to 2 +3 to+1 Silt(ML) 120 0 32 0 32 2 to 6 +1 to-3 Fat Clay(CH) 125 1,500 0 350 23 6 to 10 -3 to-7 Fat Clay(CH) 120 1,000 0 50 18 10 to 18 -7 to-15 Fat Clay(CH) 110 200 0 50 18 18 to 27 -15 to-24 Fat Clay(CH)/Lean Clay 120 750 0 200 23 27 to 40 -24 to-37 Lean Clay(CL) 120 500 0 200 20 E.2. Slope Stability Analysis Results Analyses were performed using Rocscience©, Inc.'s Slide2 software. This program performs stability analyses using a two-dimensional limit equilibrium approach on a series of selected trial surfaces. These analyses were performed using Spencer Method and Morgenstern-Price Method simultaneously. An auto-refine, non-circular search method with optimization is used for each method. The computer program searches the failure surface for the smallest calculated factor of safety. The resulting failure planes are provided on Plates 5 through 8 of the attached Appendix. Our stability analyses were based on design soil strength parameters selected using results from the field and laboratory testing, engineering judgement based on experience with similar soils, and published correlations. The check for stability involves determination of the minimum factor of safety(FS) along various assumed potential sliding surfaces. The degree of safety is measured by comparison of the driving forces (soil gravity loading, surcharge, etc.) causing movement with the soil friction and cohesive forces resisting failure. The ratio of driving forces to resisting forces defines the factor of safety. A slope stability analysis involves the determination of the most likely sliding surfaces by comparing the developed shearing resistance along a sliding surface with the driving forces associated with the sliding soil mass. The check for stability involves determination of various factor of safety values along various trial sliding surfaces until a minimum factor of safety is reached for the critical sliding surface. The Spencer method is considered to be a "complete" method that solves horizontal,vertical, and rotational equilibrium. However, it is good engineering practice to compare several methods for reliability purposes. The lowest BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 18 factor of safety from the three methods used is presented in the slope stability results summary in Table 9. Loading Conditions: For this study, stability analyses were performed for soil conditions encountered in our exploration, and assuming four(4) loading conditions: • Short-term stability: models loading condition from when slope was originally constructed using undrained (short-term) soil parameters. • Back analysis for existing condition: models existing loading conditions using drained (long-term) soil parameters after excess pore water pressures have dissipated. • End of Excavation: models loading conditions during construction while sheet pile wall is cantilevered about 12-feet using drained (long-term) soil parameters. • Post-Construction long-term stability: models loading conditions after construction of slope using drained (long-term) soil parameters. A summary of our slope stability results is shown in Table 8 below: Table 9. Summary of Slope Stability Analyses Condition Existing Condition End of Long-Term Short-Term Back Analysis Excavation Post-Construction (Undrained) (Drained) (Drained) (Drained) Factor of Safety 1.4 1.0 1.4 1.7 Short-Term Conditions(Undrained): Short-term, undrained conditions generally model full soil strength as determined by unconfined compressive strength testing on the undisturbed samples. Results of our analyses performed considering undrained, short-term conditions indicate a factor of safety of 1.4. Existing Conditions(Back Analysis—Drained): Long-term, effective stress conditions were modeled to obtain a FS of about 1.0 for the back analysis. BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 19 Long-Term, End of Excavation Conditions(Drained): Long-term, drained conditions represent extended cycles of wetting and drying of the cohesive soils where excess pore pressures have dissipated within the embankment. Local instability issues generally arise in a shallow sloughing fashion at the embankment toe and tend to progress upward and worsen over time, if left unaddressed. Our analyses,which were performed assuming long-term, drained conditions, and assuming a 12-foot cantilever at the end of excavation phase of construction, indicate a FS of 1.4. Based upon the result of our analyses,the proposed slope configuration has an acceptable FS as defined previously for long-term drained loading conditions. Long-Term, Post-Construction Conditions(Drained): Long-term, drained conditions represent extended cycles of wetting and drying of the cohesive soils where excess pore pressures have dissipated within the embankment. Local instability issues generally arise in a shallow sloughing fashion at the embankment toe and tend to progress upward and worsen over time, if left unaddressed. Our analyses,which were performed assuming long-term, drained conditions, and assuming sheet piling will remain in place long-term post-construction, indicate a FS of 1.7. Based upon the result of our analyses,the proposed slope configuration has an acceptable FS as defined previously for long-term drained loading conditions. F. Procedures F.1. Test Boring Drilling and Sampling Braun Intertec drilled the test borings with an ATV-mounted drill rig equipped with a solid stem auger and wet rotary systems. Cohesive samples were obtained by hydraulically pushing a thin-walled tube about 24-inches into the bottom of the drilled hole.The field sampling procedure for cohesive soils was conducted in general accordance with ASTM D 1587. Granular soils and very stiff cohesive soils were obtained by performance of Standard Penetration Testing(SPT).This test is performed by driving a 2-inch diameter split spoon sampler 12-inches after initially seating 6-inches.The sampler is advanced by repeatedly dropping a 140-lb hammer 30 inches. The resulting number of blows per foot (N-Value) is indicative of the relative density of the soil. These recorded blow counts are shown on the Log of Boring sheets in the Appendix. F.2. Boring Logs The Appendix includes Log of Boring sheets for our test borings.The log identifies and describes the penetrated geologic materials, and present the results of SPT blow counts, pocket penetrometer BRALIN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 20 readings and other in-situ tests performed.The log also presents the results of laboratory tests performed on penetration test samples, and groundwater measurements. Braun Intertec inferred strata boundaries from changes in the penetration test samples and the auger cuttings. Because we did not perform continuous sampling,the strata boundary depths are only approximate.The boundary depths likely vary away from the boring locations, and the boundaries themselves may occur as gradual rather than abrupt transitions. F.3. Material Classification and Testing The soil samples were visually classified in accordance with ASTM procedures(ASTM D2487 and D2488). The Appendix includes a chart explaining the classification system used.The logs of borings located in the Appendix note the results of the laboratory tests performed on geologic material samples. Braun Intertec performed the tests in general accordance with ASTM procedures. G. Qualifications G.1. Variations in Subsurface Conditions Braun Intertec has developed our evaluation, analyses, and recommendations from a limited amount of site and subsurface information. It is not standard engineering practice to retrieve material samples from exploration locations continuously with depth.Therefore, we must infer strata boundaries and thicknesses to some extent. Strata boundaries may also be gradual transitions, and project planning should expect the strata to vary in depth, elevation, and thickness, away from the exploration locations. Variations in subsurface conditions present between exploration locations may not be revealed until performing additional exploration work or starting construction. If future activity for this project reveals any such variations,you should notify us so that we may reevaluate our recommendations. Such variations could increase construction costs, and we recommend including a contingency to accommodate them. G.2. Continuity of Professional Responsibility G.2.a. Plan Review We based this report on a limited amount of information, and we made several assumptions to help us develop our recommendations. Braun Intertec should be retained to review all geotechnical aspects of the designs and specifications.This review will allow us to evaluate whether we anticipated the design BRAUN INTERTEC UA Engineering, Inc. Project B2310222 December 11, 2023 Page 21 correctly, if any design changes affect the validity of our recommendations, and if the design and specifications correctly interpret and implement our recommendations. G.2.b. Construction Observations and Testing We recommend retaining Braun Intertec to perform the required observations and testing during construction as part of the ongoing geotechnical evaluation.This will allow us to correlate the subsurface conditions exposed during construction with those encountered by the borings and provide professional continuity from the design phase to the construction phase. If we do not perform observations and testing during construction, it becomes the responsibility of others to validate the assumption made during the preparation of this report and to accept the construction-related geotechnical engineer-of- record responsibilities. G.3. Use of Report This report is for the exclusive use of the addressed parties.Without written approval,we assume no responsibility to other parties regarding this report. Our evaluation, analyses and recommendations may not be appropriate for other parties or projects. G.4. Standard of Care In performing its services, Braun Intertec used that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession currently practicing in the same locality. No warranty,express or implied, is made. BRAUN INTERTEC Appendix BRAUN INTERTEC A ' _ ,- cc cv a- E . cv CV .4- t .,„, ' ' ., , r • ,,,„ . ,',,,:t,IN...,." „, ,,,. * . . ' N-. ,*..•,-i s • , *, , * i''' 4 / ' 4(4 , ' • ift : '''' MI 0 %... el. ' RI co • > rs. a) r, CL Z k. k = 0 O co 03 X 0 • 1— 1. P < i= = 0 g-stvi. * 0 1.. 0 twl, = < ....I %— +•• s- it 0 0 Z Ce - • itt , Ci ,. . LLI .--t, - - ..i. 0 .s., C/) c B ...,, ilf-,, ,t• „.„, 0 --% _.t..., _ „irj, '_,,tv.,,,,,t. • \ ,- . t „9,,-) = CL -- 1•fil,r# , riz E — '--. <C c s._ ci 0 '47, c-,-- , • Et2 6 Cr) *.,'''.4-).„ / ro - '" ›' E • .. .; . 0 . 4.t.„ co . 0 u RS „., . ., • t - 4 3 tao c .0- LU 31 •- '''''; : •.r d' '4*.'4":" N "? / 0 Lij , :I , ' CO , -', 'f; '' ,:r97:' . ' '''''?'' % 4 a I— ' '-,_ "V 4\ e ' rik. • -7 , rki — ''''t % - , ';',1 \ , • 1 , ‘ '6 BRAUN LOG OF BORING INTERTEC The Science Yon Build On. See Descriptive Terminology sheet for explanation of abbreviations Project Number B2310222 Geotechnical Evaluation BORING: B-1 El Vista Pump Station Improvements LOCATION:Estimated. City of Port Arthur 1101 H O Mills Blvd DATUM: WGS 84 Port Arthur, Texas 77640 LATITUDE: 29.90429 LONGITUDE: -93.97467 DRILLER: K.Currie/O.Millings LOGGED BY: C.Calhoun START DATE: 10/28/23 END DATE: 10/28/23 SURFACE 3.0 ft RIG: Ardco-2 METHOD: SSA SURFACING: WEATHER: ELEVATION: Description of Materials �, o ,- 0 Elev./ Blows MC o Atterberg Limits c a E , `o (Soil-ASTM D2488 or 2487; Rock- :2- qp N O .- Y mDepth m a', (Blows/ft) _ v ft USACE EM 1110-1-2908) Recovery tsf % a Z LL PL PI p fn m m — SILT(ML),trace roots, trace — 0.5 Gravel, brown, dry, loose 5-4-5 13 88 O - 2.5 J FAT CLAY(CH), little Sand, light 3-2-4 17 brown, moist, medium to hard (6) Trace roots, trace Gravel from 5 SH 2.00 21 87 63 20 43 107 4.09 — 2 1/2 to 4 feet / Brown and light brown from 4 SH 2.00 26 - to 6 feet SH 1.00 25 92 59 18 41 97 1.18 Crumb= — Brown from 6 to 8 feet 10 Grade 4 — Dark brown from 8 to 10 feet SH 0.50 32 - Brown from 10 to 12 feet Crumb= — Dark brown from 12 to 14 feet SH 0.50 30 Grade 4 15 SH 0.25 27 88 54 19 35 90 0.82 — (/ - SH 1.25 28 Light brown from 18 to 22 feet SH 1.50 21 Crumb= 20— Grade 4 - -19.0 _22.0 ;,- LEAN CLAY with SAND(CL), // light brown, moist, medium to stiff SH 2.25 26 - / // 25� 11 — — �`f F — 'f 1 1 Gray and brown from 27 to 32 — - /+/f/ feet 1-2-3 33 73 32 16 16 — 30 (5) -29.0 '_.,' 32.0 1/;LEAN CLAY(CL), gray, moist, -_ // medium SH 1.25 31 - j Trace sand from 32 to 35 feet — �;i 35 — // — r / — `, SH 0.75 32 - -37.0 80 - 40.0 END OF BORING - Boring then backfilled with - - auger cuttings Water not observed while drilling. B2310222 Braun Intertec Corporation Print Date:12/05/2023 B-1 Sheet 1 of 1 Plate 2 BRAUN LOG OF BORING INTERTEC The Science You Build On. See Descriptive Terminology sheet for explanation of abbreviations Project Number B2310222 Geotechnical Evaluation BORING: B-2 El Vista Pump Station Improvements LOCATION:Estimated. City of Port Arthur 1101 H 0 Mills Blvd DATUM: WGS 84 Port Arthur, Texas 77640 LATITUDE: 29.90440 LONGITUDE: -93.97485 DRILLER: K.Currie/O.Millings LOGGED BY: C.Calhoun START DATE: 10/28/23 END DATE: 10/28/23 SURFACE 3.0 ft RIG: Ardco-2 METHOD: SSA SURFACING: WEATHER: ELEVATION: Description of Materials W N o Atterberg Limits c E `o Elev./ �, (Soil-ASTM D2488 or 2487; Rock- a Blows qP MC N o ° -- y al Depth c� a', E (Blows/ft) o a . �, E J USACE EM 1110-1-2908) ca tsf /o 0 0 L'" ft Recovery o z LL PL PI p > p up H Et - II I SILT(ML), trace roots, trace - 1.0 ' 'i Gravel, brown, dry, medium 4-5-7 11 87 I FAT CLAY(CH), little Sand, (12) SH 3.00 17 91 70 19 51 111 5.88 - brown, moist, stiff to hard 5 SH 3.25 17 -5.0 SH 1.50 23 - 8.0 7FAT CLAY(CH), little Sand, 1.34 Crumb= - brown, moist,verysoft to stiff SH 1.25 27 88 58 1 3 4 5 95 / 10 Grade 2 — / SH 1.00 29 = Gray and brown from 12 to 14 SH 0.25 32 Crumb - feet Grade 4 - Gray and light brown from 14 15 SH 0.50 28 87 57 14 43 96 0.73 - to 22 feet - SH 0.50 30 Crumb= - I Grade 1 l / SH 2.75 22 20- - -19.0 - 22.0 SANDY LEAN CLAY(CL), brown, - moist, stiff 1 SH 2.25 29 25- -24.0 I -27.0 i LEAN CLAY with SAND(CL), - - trace Gravel, light brown, moist, _� - //,medium 30 1-3-2 28 71 _ (5) — /, Gray and brown from 32 to 37 - ! 13 feet SH 0.75 31 / 35� //, Gray from 37 to 40 feet -37.0 if1 SH 0.50 54 - 40.0 END OF BORING 40 - Boring then backfilled with - - auger cuttings Water not observed while drilling. 82310222 Braun Intertec Corporation Print Date:12/05/2023 B-2 Sheet 1 of 1 Plate 3 B RAU N Descriptive Terminology of Soil I N T E RT E C Based on Standards ASTM D2487/2488 The Science You Budd On. (Unified Soil Classification System) Criteria for Assigning Group Symbols and Soil Classification Particle Size Identification Group a Boulders over 12" Group Names Using Laboratory Tests° Symbol Group Name Gravels Clean Gravels C„>_4 and 15 C,5 3° GW Well-graded gravel' Cobbles 3"to 12" (More than 50%of c ° E Gravel (Less than 5%fnes) C„<4 and/or(Cc<1 or C,>3) GP Poorly graded gravel 1 coarse fraction Coarse 3/4"to 3"(19.00 mm to 75.00 mm) A m retained on No.4 Gravels with Fines Fines classify as ML or MH GM Silty gravelEFG Fine No.4 to 3/4"(4.75 mm to 19.00 mm) c I7 sieve) (More than 12%fines`) Fines Classify as CL or CH GC Clayey gravel'rc Sand C o 0 u L o Sands Clean Sands C">6 and 15 C<<_3° SW Well-graded sand' Coarse No.10 to No.4(2.00 mm to 4.75 mm) i C .-' z (50%or more coarse o w (Less than 5%fines') C <6and/or(C,o 1 or C,>3)° SP Poorly graded sand' Medium No.40 to No.10(0.425 mm to 2.00 mm) E fraction passes No.4 Sands with Fines Fines classify as ML or MH SM Silty sand`' Fine No.200 to No.40(0.075 mm to 0.425 mm) sieve) (More than 12%fines') Fines classify as CL or CH SC Clayey sand`' Silt No.200(0.075 mm)to.005 mm PI>7 and plots on or above"A"line' 4-i. Lean clay`[" Clay <.005 mm w Silts and Clays Inorganic sl ,4 Him PI<4 or plots below"A"line Silt L,M (Liquid limit less than Relative Proportions .o „ it Liquid Limit oven dried Organic clay"9C" �, sod q g trace 0 to 5% N Organic Liquid Limit-not dried <0.75 Organic silt"^"o little 6 to 14% 11 In E oN PI plots on or above"A"line Fat clayK'i" with 2 15% d Inorganic c z Silts and days PI plots below"A"line Elastic silt"`"" ..z a (Liquid limit 50 or Inclusion Thicknesses I more) Liquid Limit-oven dried Organic clay"`C9 Organic <0.75 lens 0 to 1/8" Liquid Limit-not dried Organic silt Klma seam 1/8"to 1" Highly Organic Soils Primarily organic matter,dark in color,and organic odor Peat layer over 1" A. Based on the material passing the 3-inch(75-mm)sieve. Apparent Relative Density of Cohesionless Soils B. If field sample contained cobbles or boulders,or both,add"with cobbles or boulders, Very loose 0 to 4 BPF or both"to group name. Loose 5 to 10 BPF C. Gravels with 5 to 12%fines require dual symbols: Medium dense 11 to 30 BPF GW-GM well-graded gravel with silt Dense 31 to 50 BPF GW-GC well-graded gravel with clay Very dense over 50 BPF GP-GM poorly graded gravel with silt GP-GC poorly graded gravel with clay Consistency of Blows Approximate Unconfined D. C =Do/Dto C,= (D30)2/ (D[B x D60) Cohesive Soils Per Foot Compressive Strength E. If soil contains z 15%sand,add"with sand"to group name. Very soft 0 to 1 BPF <0.25 tsf F. If fines classify as CL-ML,use dual symbol GC-GM or SC-SM. Soft 2 to 4 BPF 0.25 to 0.5 tsf G. If fines are organic,add"with organic fines"to group name. Medium 5 to 8 BPF 0.5 to 1 tsf H. Sands with 5 to 12%fines require dual symbols: Stiff.-- 9 to 15 BPF 1 to 2 tsf SW-SM well-graded sand with silt Very Stiff 16 to 30 BPF 2 to 4 tsf SW-SC well-graded sand with clay Hard..........................over 30 BPF >4 tsf SP-SM poorly graded sand with silt SP-SC poorly graded sand with clay I. If soil contains 2 15%gravel,add"with gravel"to group name. Moisture Content: 1. If Atterberg limits plot in hatched area,soil is CL-ML,silty clay. Dry: Absence of moisture,dusty,dry to the touch. K. If soil contains 15 to<30%plus No.200,add"with sand"or"with gravel",whichever is Moist: Damp but no visible water. predominant. Wet: Visible free water,usually soil is below water table. L. If soil contains>30%plus No.200,predominantly sand,add"sandy"to group name. M. If soil contains>-30%plus No.200 predominantly gravel,add"gravelly'to group name. Drilling Notes: N. PI>2 4 and plots on or above"A"line. Blows/N-value: Blows indicate the driving resistance recorded O. PI<4 or plots below"A"line. for each 6-inch interval.The reported N-value is the blows per P. PI plots on or above"A"line. foot recorded by summing the second and third interval in Q. PI plots below"A"line. accordance with the Standard Penetration Test,ASTM D1586. Partial Penetration: If the sampler could not be driven 60 through a full 6-inch interval,the number of blows for that For classification of fine-grained soils partial penetration is shown as#/x"(i.e.50/2").The N-value is and fine-grained fraction of coarse-grained reported as"REF"indicating refusal. so- sods. • __-__... E ne Hqorizontal at PI=1i4 to LL=25.5, a��ac, / �1� Recovery: Indicates the inches of sample recovered from the a. axon Pt=0.73(LL-20) J Q� .p sampled interval.For a standard penetration test,full recovery Equation of"U"-line 4- is 18",and is 24"for a thinwall/shelbytube sample. g Vertical at LL=16 to PI=7, L� m then Pt=0.9(LL-8) go- _.. ..`. _.�.__..... OF 1- WOH: Indicates the sampler penetrated soil under weight of Q� hammer and rods alone;driving not required. 20/1/ -�— - ___.._o�_..._.__ _ .__ MH�OH � G�, WOR: Indicates the sampler penetrated soil under weight of rods alone;hammer weight and driving not required. 7 ' ML oR OLi Water Level: Indicates the water level measured by the 0 o to 16 20 30 40 50 60 70 90 too [to drillers either while drilling( Q),at the end of drilling(_), LIQUID LIMIT(LL) or at some time after drilling(sr). Laboratory Tests DD Dry density,pcf OC Organic content,% LL Liquid limit WD Wet density,pcf qp Pocket penetrometer strength,tsf PL Plastic limit P200 %Passing#200 sieve MC Moisture content,% PI Plasticity index qu Unconfined compression test,tsf 12/2020 Pimtcs d _ E 77) E 3 ► II a�i IA C TJ _ of L •CO - 0 CO n -o i 4! 1 - 0 C a o 9+ o ro -a C Ui • 0 0 sM o 0 0 0 0 - U U a - Q) a- C Cr) C • - (if) C �VI = o 0 0 0 0 - X LL • O p - o o r o _ w 1 CO1 .0 O ro C C - 8 O 0 '.. 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O. o- E E a B ■ a V) W cn .mot pats . O E VI . .� c L ` I a m ' brill E u `c ® c Z , O O N c i M VI lf1 c l0 . i 0 40O U N N a c)® o co c c, co N co o o aJ JL o W x E. p (n 227. N M of m W EL ` a a o CO EL U .` w • • LL N y 1- a a G N 7 r U s _ 0 VOQ : vr,r w O f /1 a \fJ uoM "" � � N �m � MI ■ U t "s vv O n t 7)z ' a i� o 09 0t? 0Z I 0 - 0.- 09- L SECTION I BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the Undersigned, ALLCO, LLC as Principal, and Colonial.American Casualty and Surety Company as Surety, are hereby held and firmly bound unto C ly of Port Arthur as OWNER in the penal sum of Five Percent of the Greatest Amount Bid (5% G.A.B.) _ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. 16TH October , 20 24 . The Signed, this day of Condition of the above obligation is such that whereas the Principal has submitted to City of Port Aurthur a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the El Vista Station Improvements Project. NOW,THEREFORE, (a) If said BID shall be rejected,or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as here in stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers, the day and year first set forth above. ' tt 4 ALLCO, LLC �y►: l ,4 T.W. Harrison, President Colonial American Casualty and Surety Company SURETY B ian O'Neal,Attorney-In-Fact IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the state where the project is located. 1-2 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint to Edward ARENS,Rebecca GARZA,Philip BAKER,Michele BONNIN,Jillian O'NEAL,Erica A.COX,Hannah MONTAGNE of The Woodlands,Texas, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 08th day of January,A.D.2024. �.''Casu2pYn�" a P,t�FSU Go,�n, b OpPOq,4T ."•�,�P Q,4 Og4c^, ;'a' It SEAL : f2^= 1 SEAL 14 ftg(„'SEAL If a3' • t-' T ' am.... t• 4 , 9T' ? �,,°i 9iN J ''4,.,„„,,,,00'' gwf°�... °a,,,. /,N„j,• ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 08th day of January, A.D.2024, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally Imown to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison GENEVIEVE M.MAISON = '.m Rtigjc, Z_ :m..t NOTARY?UBL1C -r:a ;�:' BALT!MORECOUNTY.MO �'! ..,�0•Z'_ ,,,, My Comm scion"gyms 1ANUARY 2i.2025 ""'',i'f COS,.,: Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16th day of October . 2024 . p„Ipilrf � t„"I,l/I,I,., �1 t4 : ,,,, 1� ie L° � m LA Ei'�. SEW rOQ� QJ```�� '•., a yI"l,lll,,,,t,,,``�`` y�/II"Il t,p,1�,``` i�'',,,,IIIttIlltttSt te Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 reportsfclaims@zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 0 ZURICH Texas Important Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informaciOn o para presentar una queja: You may call Zurich North America's toll-free telephone Usted puede Ilamar al numero de telefono gratuito de number for information or to make a complaint at: Zurich North America's para obtener informacion o para 1-800-382-2150 presentar una queja al: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or Usted puede comunicarse con el Departamento de Se complaints at: guros de Texas para obtener informacion sobre com- 1-800-252-3439 panias, coberturas, derechos, o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance: Usted puede escribir al Departamento P.O. Box 149104 de Seguros de Texas a: Austin, TX 78714-9104 P.O. Box 149104 Fax: (512)490-1007 Austin, TX 78714-9104 Web: www.tdi.texas.gov Fax: (512)490-1007 E-mail: ConsumerProtection@tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or DISPUTAS POR PRIMAS DE SEGUROS 0 about a claim, you should contact the company first. If RECLAMACIONES: the dispute is not resolved, you may contact the Texas Si tiene una disputa relacionada con su prima de seguro Department of Insurance. o con una reclamacion, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted ATTACH THIS NOTICE TO YOUR POLICY: puede comunicarse con el Departamento de Seguros de This notice is for information only and does not become Texas. a part or condition of the attached document. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se con- vierte en parte o en condicion del documento adjunto. U-GU-296-E(06/15) Page 1 of 1 SECTION J PAYMENT BOND PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the City of County of , and State of _, as Principal, and , as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the Pleasure Island Commission, Port Arthur, Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of _ Dollars ($ lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the _ day of , 2022, entered into a formal contract with the City of Port Arthur for El Vista Station Improvements Project. which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. J-I IN WITNESS WHEREOF, the said Principal has caused these presents to be executed, and the said surety has caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seal to be affixed at on this the day of , A.D., 2024. CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. J-2 SECTION K CERTIFICATE OF INSURANCE DATE (MMlDDIYYYY) A $o CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE 4i`FAX(A/C, tAlCJ4 jJci i I{.q)L® EMAIL _ADOBES&: INSURER{SS AFFORDING COVERAGE NAIC tl _ SURERA: INSURED INSURER B: INSURER C: INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DISK ADqDLISMIR ( POLICY OF PoucrEXP' LTR TYPE OF INSURANCE POLICY NUMBER j(MIMOOIYYYY) (MWDDITYYY) UNTO GENERAL UABIIJTY I EACH OCCURRENCE 5TEWMX COMMERCIAL GENERAL LIABILITY To (En occatrcasce) S CLAIMS•MADE I I Or-rUR MED EXP(My onalerson) S PERSONAL 8 AOV INJURY S ;GENERAL AGGREGATE GENL AGGREGATE LIMIT APPLIES PER. PROOUCTS-COMPJOPAGG S IPOLICY PRO � �� I I JECT 1 L1.� AUTOMOBILE UMW,/ '(()MBINED SUQGLE LIMIT $ (Ea sackers ANY AUTO I BODILY INJURY(Per person) S ALL DLE AUTOS OMAVE0 O°AUTOS BODILY INJURY(Pei accident) S PROPERTY DAMAGE HIRED AUTOS " AUTOS Me'act/dent) J $ UMBRELLAUAB ( OCCUR EACH OCCURRENCE S EXCESS LIAO CLAIMS-MADE' AGGREGATE ) S DED 1 RETENTIONS s WORKERS COMPENSATION V`C STATU- OTH- A N D EMPLOYERS'LIA&L n Y TORYUMITS FR ANY PROPRIETORIPARTNERiEXECU1NE (Y` --- NSA E L EACH ACCIDENT �: E _ OFFR EXCLUDED? (Mandatory In NH) I E L DISEASE•EA EMPLOYEE S If yes.describe bider DESCRIPTOR OF OPERATIONS oetow E L.DISEASE•POLICY LIMIT(5 I I I L OESCRIPTION OF OPERATIONS r LOCATIONS!VEHICLES(Attach ACORD to7,Additional Remarks Schedule,If more space Is requited) • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©9988-2010 ACORD CORPORATION. All rights reserved. ACORD 28(2010105) The ACORD name and logo are registered marks of ACORD K-1 SECTION L PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( _) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of 2019, a copy of which is hereto attached and made a part hereof for the construction of: El Vista Station Improvements Project. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. L-I PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of , 2024. ATTEST: Principal BY: (s) (Principal) Secretary [SEAL) (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located, L-2 SECTION M NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. +l��,P! Signature: a)%21e41\ _ „ ,% Printed Name: Y T.W. HARRISON Title: S PRESIDENT �, �.� Company: ALLCO, LLC '/,�`''*'��',0 Date: OCTOBER 16,2024 T.W. Harrison, President SUBSCRIBED and sworn to before me the undersigned authority by the of, ALLCO, LLC on behalf of said bidder. t JACQUELINE CHRISTOPHER t Notary Ptiblic in and for the t P'PO State of Texas t o.dip, Notary Public,State of Texas t t 4b�1 Comm.Expires 05-21-2028 t t Nr Notary 1D#1559325 i t--- My commission expires: MAY 21, 2028 SECTION N HOUSE BILL 89 VERIFICATION House Bill 89 Verification 1, T.W. HARRISON (Person name),the undersigned representative (hereinafter referred to as "Representative" of ALLCO, LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do here depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or S`) with a person or entity doing business in Israel or in an Israel-controlled territot`,�LG�'O. but does not include an action made for ordinary business purposes. '' �� •. -ice ICA/Q44V.4A . SIGNATURE OF REPRESENTATIVE T.W. HARRIS> I�,/,.. .••• •'‘�` SUBSCRIBED AND SWORN TO BEFOR ME,the undersigned authority on this 16TH day of OCTOBER 20 24 • PRv pU JACQUELINE CHRISTOPHER t CI 'V', ei z Notary Public,State of Texas t ►ZI; Comm.Expires 05-21-2028 t N ary F+.ubiic 94.0F1E+ Notary IQ#1559325 2 SECTION 0 SB 252 58 252 CHAPTER 2252 CERTIFICATION I, T.W. HARRISON , the undersigned Representative of ALLCO,LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are Identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur. T.W. HARRISON - PRESIDENT Name of Company Representative (Print) �x�G0" Signature of Company Representative ,, / • S OCTOBER 16, 2024 ‘.\‘‘` Date SECTION P QUALIFICATION STATEMENT QUALIFICATION STATEMENT SUBMITTED TO: CITY OF PORT ARTHUR By ALLCO,LLC 'corporation,ablfaliniaratIOEVEMI PRINCIPAL OFFICE 6720 COLLEGE,BEAUMONT,TX 77707 The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. I . How many years has your organization been in business as a general contractor under your present business name: 39 YEARS 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor 39 YEARS__ (b) As a sub-contractor N/A _ 3. What projects has your organization completed? Contra I Class Of When Name and Address Amount Vorl Completed of Owner PLEASE SEE THE ATTACHED. P-1 s ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,664,700 Pine Street SWTP 2024 Beaumont City of Beaumont Polymer System& Jefferson 801 Main Street Chemical Storage Tank Texas Beaumont,Texas 77701 409-880-3725 `,, 2,341,725 City of Orange Meeks 2024 Orange Schaumburg&Polk . Water Treatment Plant Orange 8865 College Street Improvements Texas Beaumont, Texas 77707 409-866-0341 207,994 Elevated Storage Tank 2024 Port Arthur City of Port Arthur Piping Repairs Dallas Jefferson 444 4''' Street @ 4t'Street Texas Port Arthur, Texas 77640 409-986-8193 2,191,000 Road Repair 2024 Newton Goodwin Lasiter Strong Program Newton 1609 S. Chestnut Ste 202 Texas Lufkin,Texas 75901 936-637-4900 3,034,384 Placement Area 8 2023 Port Arthur Sabine Navigation District Levee Project Jefferson 8180 Anchor Drive Texas Port Arthur, Texas 77642 409-729-4588 4,377,370 Street Rehabilitation 2023 Port Arthur City of Port Arthur Program District 1 Jefferson 444 4th Street Texas Port Arthur, Texas 77640 409-983-8193 21,804,200 MCMUD#8 Biological 2023 Conroe Jones/Carter Nutrient Removal Montgomery 6330 West Loop South Ste 150 WWTP Texas Bellaire Texas 77401 713-353-7317 2,627,382 City Jasper ARPA 2023 Jasper LJA Engineers Sanitary Sewer Line Jasper 2615 Calder Ste 500 Replacement Texas Beaumont, Texas 77702 409-833-3363 1,380,355 El Vista Sanitary Sewer 2023 Port Arthur City of Port Arthur Force Main Replacement Jefferson 111 4th Street Texas Port Arthur,Texas 77640 409-983-8193 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 808,376 9th Avenue Sanitary 2023 Port Arthur City of Port Arthur Sewer Main Replacement Jefferson 444 4th Street Texas Port Arthur,TX 77640 409-983-8160 • 2,320,000 Harvey Infrastructure 2023 Beaumont City of Bevil Oaks Improvement Project Hardin 13560 River Oaks Blvd. Texas Beaumont,Texas 77713 409-833-3363 10,000,000 Florida 2023 N/S Florida Florida DEO Commercial/Residential Various 107 E. Madison St. Disaster Recovery Florida Tallahassee,Florida 32399 850-717-8449 9.975,000 Wastewater Treatment 2023 Magnolia City of Magnolia Plant Expansion Montgomery 18111 Buddy Riley Blvd Texas Magnolia,Texas 77354 281-356-2266 4,450,540 Stewart's Creek 2022 Conroe City of Conroe Trunk Line Montgomery 300 W. Davis Street Replacement Texas Conroe,Texas 77301 936-522-3136 1,534,148 City of Orange 2022 Orange Fittz& Shipman Engineers Eagle Point Parkway Orange 1405 Cornerstone Court &Medical Center Dr. Texas Beaumont,Texas 77706 Phase I 409-832-7238 1,280,000 City Nederland 2022 Nederland LJA Engineers Wastewater Treatment Jefferson 2615 Calder Suite 500 Plant Upgrades Texas Beaumont,Texas 77702 409-833-3363 493,332 City Anahuac Sludge 2022 Anahuac LJA Engineers Basin Conversion Chambers 2615 Calder Ste 500 Project Texas Beaumont,Texas 77702 409-833-3363 6,027000 Bolivar Beach Club 2022 Crystal Beach Bolivar Beach Club RV LLC RV Resort Galveston 1709 Hunters Trail Texas Friendswood,Texas 77546 281-639-0451 ir ALLCO LIST OF COMPLE LED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3,054,000 City of Mont Belvieu 2022 Mont Belvieu Jones Carter Cotton Bayou WWTP Harris 6330 West Loop South Ste 150 Dewatering Facility Texas Houston,Texas 77401 713-777-5337 3,523,000 Lake Tawakoni 2022 Point Sabine River Authority 111 Spillway Channel Rains PO Box 579 Bank Stabilization Texas Orange, Texas 77631 409-746-2192 16,450,000 Washington Blvd 2021 Beaumont City of Beaumont Improvements Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3725 1,100,000 Sewer Plant 2021 Beaumont City of Beaumont Pump Replacement Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3725 12,447,985 Sabine River Authority 2021 Deweyville Garney Construction Pump Station- Civil Orange 1772 W. Sam Houston Pkwy North Piping-Sitework Texas Houston, Texas 77403 281-763-7772 1,383,000 Filter Rehabilitation 2021 Nederland Jefferson County WCID#10 and Clearwell Jefferson 3707 Central Blvd. Texas Nederland,Texas 77627 409-722-6922 1,889,500 Trickling Filters 2021 Beaumont City of Beaumont Rehabilitation Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3752 499,117 City of Woodville 2021 Woodville KSA Engineers Wastewater Treatment Tyler 211 E. Shepherd Ste. 205 Plant Mechanical Screen Texas Luflcin,Texas 75901 936-637-6061 784,981 Lift Station Emergency 2021 Port Arthur City of Port Arthur Repairs Jefferson 444 Fourth Street Texas Port Arthur, Texas 77640 409-983-8161 yr. ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 46,688,000 Alligator Bayou Pump 2020 Port Arthur Jefferson County Drainage District 7 Station Annex Jefferson P.O. Box 3244 Texas Port Arthur, Texas 77642 409-985-4369 1,400,000 11th Street 2020 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3725 892,000 Emergency Repair 2020 Beaumont City of Beaumont Wastewater Treatment Jefferson 801 Main Street Plant Bar Screen Texas Beaumont, Texas 77701 409-880-3725 75,000 Emergency Repair 2020 Beaumont City of Beaumont Wastewater Treatment Jefferson 801 Main Street Plant Secondary Clarifier Texas Beaumont,Texas 77701 Junction Box 409-880-3725 5,389,000 Sanitary Sewer System 2020 Liberty FIR Green Improvements Phase 1 Liberty 11011 Richmond Ave, Ste 200 Texas Houston,Texas 77042 713-965-9996 5,185,000 Street Rehabilitation 2019 Beaumont City of Beaumont City Wide Phase 1 Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 4,215,000 Levee 26 Construction 2019 Nederland Sabine Neches Navigation District Jefferson P.O.Box 778 Texas Nederland, Texas 77627 409-729-4588 3,095,000 Discharge Pipe 2019 Beaumont Lower Neches Valley Authority 1,2&5 Rehab Jefferson P.O. Box 5117 Texas Beaumont, Texas 77726 409-892-4011 1,724,766 Wastewater Treatment 2019 Beaumont Schaumburg&Polk Inc. Sludge Thickner/Belt Jefferson 8865 College Street Press Rehabilitation Texas Beaumont, Texas 77707 409-866-0341 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,058,961 Replacement of 2019 Westlake City of Westlake Sewer Transport Calcasieu Parish P.O. Box 700 Line,Phase 1 Louisiana Westlake,Louisiana 70669 337-433-0691 2,581,500 Water Treatment Plant 2019 Beeville Enprotec/Hibbs&Todd Pretreatment Improv. Bee 402 Cedar St. Texas Abilene,Texas 79601 832-698-5560 5,343,000 High Surface Pump 2019 Baytown Shrader Engineers Station Improvements Harris 750 Towne& Country Ste 650 Baytown Water Authority Texas Houston,Texas 77042 713-467-9961 3,212,000 Dowlen Road ACP 2019 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3725 12,605,000 Surface Water Treatment 2018 Port Arthur Arceneaux Wilson& Cole Plant Improvements Jefferson 2901 Turtle Creek Dr. #320 Phase I Texas Port Arthur Texas 77642 409-724-7888 2,861,000 Wastewater Treatment 2018 Orange Schaumburg&Polk Plant Expansion Phase Orange 8865 College Street 2A&2B Texas Beaumont Texas 77707 409-866-0341 726,000 Keith Road 16" Water 2018 Beaumont City of Beaumont Line Installation Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 533,700 Bigner Road Asphalt 2018 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 23.750,000 Surface Water Treatment 2018 Port Arthur Arceneaux Wilson& Cole Plant Improvements Jefferson 2901 Turtle Creek Dr. Ste. 320 Phase 2 Texas Port Arthur Texas 77642 409-724-7888 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,200,000 City of Anahuac 2017 Anahuac Carroll&Blackman Wastewater Treatment Chambers 3120 Fannin Street Plant Rehab Contract A Texas Beaumont Texas 77702 409-833-3363 1,300,000 City of Rose City 2017 Rose City Goodwin Lasiter Bridges Project#2 Orange 1609 S. Chestnut Ste. 202 Texas Lufkin Texas 75901 936-637-6336 740,000 Asphalt Road Repairs 2017 Bridge City Action Engineers Rosen&Various Streets Orange 8460 Central Mall Dr. Ste. J City of Bridge City Texas Port Arthur Texas 77642 409-983-6263 3,260,000 Jack Brooks Regional 2017 Beaumont Garver USA Airport Runway Jefferson C/O 1149 Pearl Street Reconstruction Texas Beaumont Texas 77701 713-491-8333 2,690,000 Port Acres Wastewater 2016 Port Acres Arceneaux Wilson& Cole Treatment Plant Jefferson 2901 Turtle Creek Dr.#320 Improvements Texas Port Arthur Texas 77642 409-724-7888 3,260,000 Jack Brooks Regional 2016 Beaumont Garver USA Airport Runway Jefferson C/O 1149 Pearl Street Reconstruction Texas Beaumont Texas 77701 713-491-8333 300.000 Site Grading Port 2016 Port Arthur Arceneaux Wilson&Cole Arthur Business Park Jefferson 2901 Turtle Creek Dr.#320 Texas Port Arthur Texas 77642 409-724-7888 1 740,000 Asphalt Road Repairs 2016 Bridge City Action Engineers Rosen&Various Streets Orange 8460 Central Mall Dr. Ste. J City of Bridge City Texas Port Arthur Texas 77642 409-983-6263 1,300,000 City of Rose City 2016 Rose City Goodwin Lasiter Bridges Project#2 Orange 1609 S. Chestnut Ste. 202 Texas Lufkin Texas 75901 936-637-6336 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 5,600,000 Crenshaw Water Plant 2016 Pasadena City of Pasadena Ground Storage Tank Harris 1114 Davis Street Ste. 300 Texas Pasadena Texas 77506 713-475-4995 7,950,000 Water Treatment Plant 2016 Livingston Enprotec/Hibbs &Todd Lake Livingston Water Polk 402 Cedar Street & Sewer Service Corp Texas Abilene Texas 79601 325-698-5560 1,612,000 Coopers Gully Pump 2015 Orange Carroll&Blackman Inc. Station- City of Orange Orange 3120 Fannin Texas Beaumont Texas 77702 409-833-3363 3,400,000 Water System Improv. 2015 Port Arthur Arceneaux&Gates Keith Lake to Sabine Pass Jefferson 2901 Turtle Creek Drive Standpipe Texas Port Arthur Texas 77642 409-724-7888 1,130,000 Wastewater Treatment 2015 Orange Schaumburg&Polk Plant Improvements Orange 8865 College Street Phase IA&1B Texas Beaumont Texas 77707 409-866-0341 3,200,000 24" Waterline City of 2015 Port Arthur Arceneaux&Gates Port Arthur-19th St.to Jefferson 2901 Turtle Creek Drive Sabine Neches Canal Texas Port Arthur Texas 77642 409-724-7888 3,492,000 Sanitary Sewer Impr 2015 Beaumont City of Beaumont 54"Interceptor Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 1,750,000 Wastewater Collection 2015 Nederland Schaumburg&Polk Inc. Rehabilitation Jefferson 8865 College Street Texas Beaumont Texas 77707 409-866-0341 3,350,000 Detention Ponds 2015 Sugarland LJA Engineers &Drainage Facilities Fort Bend 2929 Briarpark Imperial Phase II Texas Houston Texas 77042 713-953-520 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3,350,000 Detention Ponds 2015 Sugarland LJA Engineers &Drainage Facilities Fort Bend 2929 Briarpark Imperial Phase II Texas Houston Texas 77042 713-953-520 4,500,000 Orange County 2014 Vidor Carroll&Blackman WCID#1 Cloverleaf Orange 3120 Fannin Tiger Lake Lift Texas Beaumont Texas 77702 Station/Force Main 409-833-3363 1,800,000 City of Missouri City 2014 Missouri City Enprotec/Hibbs&Todd Prestressed Concrete Fort Bend 402 Cedar Street Clearwell Texas Abilene Texas 79601 325-698-5560 2,500,000 Asphalt Road Repair 2014 Bridge City d.p. Consulting Engineers City Wide-Bridge Orange 3727 Doctors Drive City Texas Port Arthur Texas 77642 409-983-6263 430,000 Clarifier Rehabilitation 2014 Orange Firestone Polymers Orange 5713 FM 1006 Texas Orange Texas 77630 409-924-4626 457,000 Post Office Lift Station 2014 Port Neches Carroll&Blackman Inc. Improvements ,Jefferson 3120 Fannin Texas Beaumont Texas 77702 409-833-3363 2,400,000 Fort Polk Sewer 2014 Fort Polk Arceneaux& Gates American Water Vernon 3501 Turtle Creek Drive Louisiana Port Arthur Texas 77642 409-724-7888 10,000,000 Richland Chambers 2013 Fairfield Alan Plummer Associates Wetland Expansion Navarro 1349 Empire Central Ste 1000 Improvements Texas Dallas Texas 75247 214-631-6100 2.000.000 Water System 2013 Nederland City of Nederland Improvements Jefferson 1400 Boston Avenue Texas Nederland Texas 77627 409-723-1542 ALLCO LIST OF COMPLE LED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,700,000 Sanitary Sewer 60" 2013 Beaumont City of Beaumont Trunk Outfall Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 1,150,000 Asphalt Road Repair 2013 Bridge City d.p. Consulting Engineers Repair City of Bridge City Orange 3727 Doctors Dr. Texas Port Arthur Texas 77642 409-983-6263 9,971,000 Main&Port Acres 2012 Port Arthur Arceneaux&Gates WWTP Rehabilitation Jefferson 2901 Turtle Creek Dr. Ste. 201 City of Port Arthur Texas Port Arthur Texas 77642 409-724-7888 3,500.000 Sanitary Sewer 2012 Port Arthur City of Port Arthur Rehab Contract 6 Jefferson P.O. Box 1089 Texas Port Arthur Texas 77640 409-983-8226 1,700,000 Diboll Water System 2012 Angelina KSA Engineers Northside Diboll 107 W. Lufkin Avenue Texas Lufkin Texas 75904 936-637-6061 639.000 Nacogdoches WWTP 2012 Nacogdoches Schaumburg&Polk Inc. 2010 Improvements Nacogdoches 8865 College Texas Beaumont Texas 77707 409-866-3413 3,100,000 Sanitary Sewer 2012 Nederland City of Nederland Rehab 2009 Project Jefferson 1400 Boston Avenue Texas Nederland Texas 77627 409-723-1542 800,000 Waterline Installation 2011 Beaumont City of Beaumont Large Diameter Main Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 2,950,000 Wastewater Treatment 2011 Liberty Schaumburg&Polk Inc. Plant Improvements Liberty 8865 College Street Texas Beaumont Texas 77707 409-866-0341 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,000,000 Water& Sewer 2010 Orange City of Orange Area II&III Orange P.O.Box 520 Texas Orange Texas 77630 409-883-1900 1,400,000 Sanitary Sewer 2010 Beaumont City of Beaumont Rehab Project Jefferson 1350 Langham Contract XIV Texas Beaumont Texas 77707 409-785-3000 8,500,000 Water Treatment Plant 2010 Beaumont City of Beaumont Expansion/Renovations Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 4,000.000 Full Dept Concrete 2010 Beaumont City of Beaumont Repair Project Jefferson P.O. Box 3872 Texas Beaumont Texas 77704 409-785-3000 6,700,000 Wastewater Treatment 2009 Dayton O'Malley Engineers Plant Renovations Liberty 1306 North Park Texas Brenham Texas 77833 979-836-7937 3,200,000 Wastewater Treatment 2009 Woodlands Carter&Burgess Inc. Plant Improvements Montgomery 55 Waugh Suite 800 Texas Houston Texas 77007 713-869-7900 25,000,000 East Fork Raw Water 2009 Wylie Alan Plummer Associates Supply Wetland Collin 1349 Empire Centra Ste 1000 Construction Project Texas Dallas Texas 75247 214-631-6100 2,700,000 Alabama Command 2009 Orange Port of Orange , Control Center Orange 1201 Childers Road Texas Orange Texas 77630 409-883-4363 3,333,000 Water Treatment 2009 Carthage KSA Engineers Plant Improvements Panola 140 E. Tyler Suite 600 Phase I Texas Longview Texas 75601 936-637-6061 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 5,500,000 Rolphe Christopher 2009 Beaumont City of Beaumont Blvd.Renovations Jefferson P.O. Box 3827 Texas Beaumont Texas 77704 409-785-3000 13,200,000 FM 1179 2008 Bryan Texas Dept of Transportation Road Improvements Brazos 1300 N. Texas Avenue Texas Bryan Texas 77803 979-778-2165 2,100,000 US 69 Frontage Roads 2008 Nederland Texas Dept of Transportation Nederland Ave&Hwy Jefferson 8350 Eastex Freeway 365-Jefferson County Texas Beaumont Texas 77708 409-898-5711 5,000,000 Avocet Oceanfront 2008 Bolivar Avocet Oceanfront Villas LLP Villas Galveston 3112 East Fourth Avenue Texas Durango, Colorado 81301 1,000,000 Seagrass Development 2008 Caplen Seagrass-Caplen LLC Galveston P.O. Box 7754 Texas Beaumont Texas 77726 409-861-4459 5,200,000 Phelan Boulevard 2008 Beaumont City of Beaumont Extension Jefferson P.O.Box 3827 Texas Beaumont,Texas 77704 409-785-3000 3,200,000 2006 Sanitary Sewer 2008 Lumberton Lumberton M.U.D. Improvements Contract C Hardin 55 W. Chance Cut-Off Texas Lumberton, Texas 77656 409-755-1559 3,800,000 Water Transmission Line 2008 Bolivar Schaumburg&Polk Inc. Singing Sands to Port Galveston 8865 College Street Bolivar Texas Beaumont Texas 77707 409-866-0341 3,300.000 Water Treatment Plant 2008 Carthage City of Carthage Improvements Phase II Panola 812 W. Panola Texas Carthage Texas 75633 903-693-3868 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 9,500,000 Safety Rest Areas 2008 Livingston Texas Dept of Transportation Hwy 59 Polk County Polk 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 24,200,000 Highway 96 2007 Kirbyville Texas Dept of Transportation Construction Jasper 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 3,100.000 Wastewater Treatment 2007 Galveston City of Galveston Plant Renovations Galveston P.O. Box 779 Texas Galveston Texas 77553 409-797-3630 2,600,000 Water Treatment Plant 2007 Winnie Carroll &Blackman Inc. Trinity Bay Conservation Chambers 3120 Fannin District Texas Beaumont Texas 77702 409-833-3363 9,900,000 Wastewater Collection 2006 Port Arthur Bob Shaw Consulting Engineers Rehab Pioneer Park Jefferson 4749 Twin City Highway &Grilling Park Texas Port Arthur Texas 77643 409-963-0263 $1,600,000 FM 1131 Roadway 2006 Deweyville Texas Dept of Transportation Orange County Orange 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 $1,000,000 Audubon Village 2006 Gilchrist Audubon Village LLC Development Galveston P.O. Box 7754 Texas Beaumont Texas 77726 409-861-4459 7,000,000 Walden Development 2006 Beaumont Crescent-Walden LLC Phase I&II Jefferson P.O. Box 7754 Texas Beaumont, Texas 77726 409-861-4459 8.500,000 FM 364 Major Drive 2005 Beaumont Texas Dept of Transportation Construction Jefferson 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 6,000.000 Laguna Harbor 2005 Port Bolivar Laguna Resources Ltd. Resort Galveston P.O. Box 7754 Texas Beaumont Texas 77726 409-861-4459 3,200,000 High Island to Singing 2005 Stowell Lower Neches Valley Authority Sands Transmission Chambers 7850 Eastex Freeway Line Contract IV Texas Beaumont,Texas 77708 409-892-4011 4,200,000 City of Nacogdoches 2004 Nacogdoches Schaumburg&Polk WW Collection System Nacogdoches 8865 College Street SS Replacement Texas Beaumont,Texas 77707 409-866-0341 4,200,000 West Regional Water 2004 Winnie Lower Neches Valley Authority System Transmission Chambers 7850 Eastex Freeway Line Texas Beaumont,Texas 77708 409-892-4011 4,100,000 Water Treatment Plant 2004 Fannett dp Consulting Engineers West Jefferson Jefferson 3800 Highway 365 Municipal Water Dist Texas Port Arthur,Texas 77642 409-983-6263 2,200,000 Orleans Street Inter- 2004 Beaumont City of Beaumont Locking Pavers Jefferson P.O. Box 3827 Texas Beaumont,Texas 77704 409-785-3000 1,300,000 Jasper County FM82 2004 Kirbyville Texas Dept of Transportation Jasper 8350 Eastex Freeway il Texas Beaumont,Texas 77708 409-898-5711 1.100,000 WWTP Bar Screen& 2004 Beaumont City of Beaumont Belt Press Conveyor Jefferson 1350 Langham Texas Beaumont,Texas 77706 409-785-3000 9,100,000 Highway Construction 2003 Beaumont Texas Dept of Transportation Jefferson County Jefferson 8350 Eastex Freeway IH-10 Feeder Roads Texas Beaumont,Texas 77708 409-898-5711 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 9,600,000 Highway Construction 2003 B au sr Jefferson Texas 8350E Dept of F Transportation Jefferson County eeway SP 93-Phase III Beaumont Beaumont,Texas 77708 409-898-5711 3.500,000 Highway Construction 2003 Buffalo Texas Dept of Transportation Freestone County , Freestone 2800 Commerce Street East Highway 164 Texas Buffalo,Texas 75831 713-802-5551 5,500,000 Wastewater Treatment 2003 Nederland Schaumburg&Polk,Inc. Plant Renovations Jefferson 8865 College Street Texas Beaumont,Texas 77707 409-866-0341 849,000 Distribution Parallel 2003 Texas City Gulf Coast Water Authority 66" Line Galveston 3630 Highway 1765 Texas Texas City,Texas 77591 409-935-2438 • 13,535,000 Highway Construction 2002 Orange Texas Dept of Transportation Orange County Orange 3128 Highway 62 Highway 87 Texas Orange, Texas 77632 409-883-3476 5,500,000 Drainage& Street 2002 Beaumont City of Beaumont Improvements Jefferson P.O. Box 3827 Concord Road Texas Beaumont,Texas 77704 409-785-3000 1,370,725 Highway Construction 2000 Saratoga Texas Dept of Transportation FM787 Bridge Project Hardin 1150 Avenue N Texas Silsbee, Texas 77656 409-385-5269 2,000,000 Highway Construction 1999 Beaumont Texas Department of Transportation Jefferson County Jefferson 8350 Eastex Freeway Walden Road Project Texas Beaumont, Texas 77708 409-898-5711 7,200,000 Wastewater System 1998 Mauriceville Schaumburg Polk, Inc Improvements g Co Street Contract 3,4 & 5 Texas Beaumont,Texas 77707 409-866-0341 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 7,250,000 Highway Construction 1998 Beaumont aum nt Department8350astex en of Freeway SP93 West Port Arthur Phase II Texas Beaumont,Texas 77708 409-898-5711 1,300,000 New Water&Sewer 1998 Pineland Hogan Corporation/City of Pineland Improvements-Delta Sabine 101 Dogwood Heights&Hwy 96 Area Texas Pineland,Texas 75968 409-381-8811 3,365,583 South Park Drainage 1997 Beaumont Schaumburg&Polk,Inc. Project Jefferson 8865 College Street Texas Beaumont,Texas 77707 409-866-0341 4,300,000 Water Treatment 1996 Nederland City of Nederland Facility&New Office Jefferson 1400 Boston Avenue Buildings Texas Nederland,Texas 77627 409-723-1542 4,200,000 Wastewater Treatment 1996 Lumberton Schaumburg&Polk,Inc. Facility&Plant Hardin 8865 College Street Buildings Texas Beaumont, Texas 77707 409-866-0341 ALLCO REFERENCES ARCENEAUX WILSON&COLE MR. JOE WILSON,P.E. 3120 CENTRAL MALL DRIVE PORT ARTHUR,TEXAS 77642 409-724-7888 joe wilsonna awcena.com PORT OF PORT ARTHUR MR.ED LONG,P.E. 221 HOUSTON AVENUE PORT ARTHUR,TEXAS 77640 409-983-2011 ed@portpa.com CITY OF BEAUMONT MS. AMALIA"MOLLY"VILLARREAL,P.E. 801 MAIN STREET BEAUMONT,TEXAS 77701 409-785-3016 molly.villarreal@beaumonttexas.gov CITY OF ORANGE MR. ADAM JACK,P.E. 812 N. 16TH STREET ORANGE, TEXAS 77630 409-883-1900 ajack@orangetexas.gov CITY OF PORT ARTHUR DR. HANI J.TOHME,P.E. 444 4Th STREET PORT ARTHUR, TEXAS 77640 409-983-8226 tohmehani@yahoo.com LJA ENGINEERING,INC MR. CALVIN PROSEN,P.E. 2615 CALDER STE 500 BEAUMONT, TEXAS 77702 409-833-3363 cprosen@ljaengineering.com FITTZ& SHIPMAN MR. DON KING,P.E. 1405 CORNERSTONE COURT BEAUMONT, TEXAS 77706 409-832-7238 dking@fittzshipman.com ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or AmountWork Completed City/County/State 0=.res e Louisiana Military Department 13,371,000 Military Housing 2023 Pineville 718 E Street Camp Beauregard Beauregard Louisiana Pineville,Louisiana 71360 2023 Sulphur Calcasieu Parish Board 2,919,258 R.W.Vincent Calcasieu 3310 Broad Street Elementary Louisiana Lake Charles,Louisiana 70615 Hurricane Repairs 2023 Vinton Calcasieu Parish Board 1,817,000 Vinton Middle Calcasieu 3310 Broad Street School RElementary Louisiana Lake Charles,Louisiana 70615 School Repairs Pure Renewable Systems Facility Belgium10,000,000 Textile Manufacture 2022 Ghent 6712 E. 118 Street Bixby Oklahoma 74008 2022 Louisiana State of Louisiana 2,200,000 Disaster Relief Statewide GOHSEP/Neal Fudge Housing Louisiana Baton Rouge,Louisiana 70802 2020 Houston General Land Office 20,000,000 CDBG- Harris 1700 Congress Ave. Residential Austin,Texas 78701 Construction Services Texas 2020 Southeast Texas General Land Office 43,600,000 CDBG-Texas Various 1700 Congress Ave. Commercial/ResidentialAustin,Texas 78701 Disaster Recovery Texas 22,435,000 2019 St. Thomas and Virgin Island Housing Authority PTEPS &Roofing St. John 3202 Demarara Plaza, Suite 200 Programs St. `Thomas,Virgin Islands 00802 Virgin Islands 2019 Beaumont St. Anthony Cathedral Basilica 150,000 Repairs Jefferson 700 Jefferson Street Texas Beaumont,Texas 77701 2018 Southeast Texas General Land Office 12,000,000 PREPS - Various 1700 Congress Ave. Construction Services Texas Austin,Texas 78701 2018 Southeast Texas General Land Office 1,300,000 DALHR Program Various 1700 Congress Ave. Residential Construction Austin, Texas 78701 Services Disaster Recovery Texas ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Cot___ leted City/County/State Owner Representative 2016 Buna Architectural Alliance 15,990,000 New High School Jasper 350 Pine Street Ste. 720 Buna IndependentBeaumont Texas 77701 School District Texas Mark Magnuson Architects 13,000,000 New Training/Office 2015 Nederland P O. Box 901 Facility-Industrial Jefferson Safety Training Council Texas Bridge City Texas 77611 Lamar University 1,6000,000 New Softball Complex 2015 Beaumont Lam CMAR Jefferson 4410 Jimmy Simmons Blvd Texas Beaumont Texas 77705 2,200,000 Tennis Courts Covered 2015 Beaumont City of Beaumont Jefferson 801 Main Street Uncovered&Loggia Beaumont Texas 77701 Design/Build Project Texas The LaBiche Architectural Group 1,150,000 Tennis Center Pro 2014 Beaumontffe sr ou 7999 Gladys Shop/Clubhouse Beaumont Texas 77706 Beaumont Athletic Texas Complex 730,000 Setzer Center Student 2014 Beaumont Lamar UniversityJimm Simmons Blvd Center Roof Replacement Jefferson Texas Beaumont Texas 77705 Lamar University 325,000 Dishman Art Building 2014 Beaumont 4410 Jimmy Simmons Blvd Roof ReplacementBeaumont Texas 77705 Texas Beaumont I.S.D. 23,700,000 South Park Middle 2013 Beaumont 3395 Harrison School Texas Beaumont Texas 77706 11,500,000 German Pellets Plant 2013 dville E04 Evans ContractorsHembrea Place Woodville Texas Tyler Texas Roswell Georgia 30076 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Com pieted City/Co /State Owner Representative 2,379,600 Outdoor Education 2013 Sabine The LaBiche Architectural Group Jeffersonass 7999 Gladys Suite 101 Service Center Texas Beaumont Texas 77706 Sabine Pass I.S.D. 2013 Sabine Pass Jefferson County 2,497,000 Regional Marine Jefferson 1149 Pearl Street Security Center Texas Beaumont Texas 77701 Neches I.S.D. 38,000,000 High School Renovation 2012 Port Neches Portor Ave C & Additions Jefferson Texas Port Neches Texas 77651 2012 Beaumont Beaumont I.S.D. 18,100,000 New French Elementary Jefferson 3395 Harrison School Texas Beaumont Texas 77706 2012 Beaumont Beaumont I.S.D. 17,200,000 New Fehl Elementary Jefferson 3395 Harrison School Texas Beaumont Texas 77706 2012 Beaumont Beaumont I.S.D. 17,400,000 New Dunbar Elementary Jefferson 3395 Harrison School Texas Beaumont Texas 77706 2011 Port Arthur Port Arthur I.S.D. 10,500,000 Stilwell Education Jefferson 733 5�Street Support Center Texas Port Arthur Texas 77640 2011 Beaumont Beaumont I.S.D. 18,300,000 New Martin Elementary Jefferson 3395 Harrison School Texas Beaumont Texas 77706 2011 Beaumont Beaumont I.S.D. 16,000,000 New Blanchette Jefferson 3395 Harrison Elementary School Texas Beaumont Texas 77706 AL LCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed Cites n'/State Owner Representative 2011 Port Arthur Port Arthur'I.S.D. 15,500,000 Thomas Edison Jefferson 733 5�'Street Middle School Texas Port Arthur Texas 77640 2010 Beaumont Beaumont I.S.D. 14,000,000 New Amelia Jefferson 3395'Harrison Elementary Texas Beaumont Texas 77706 2010 Port Arthur Port Arthur I.S.D. 4,500,000 Travis Elementary 733 5t'Street Renovations Jefferson Texas Port Arthur Texas 77640 3,100,000 Stadium Renovations 2010 Port one Port Arthur L.S.D. T ` Street Texas Port Arthur Texas 77640 2009 Jefferson Port Arthur I.S.D. 85,000,000 Memorial High Port Arthur 733 5th Street School New Facility Texas Port Arthur,Texas 77640 2009 12,400,000 New Memorial HighJefferson Port Arthur I.S.D.Port�� 733 5�' Street School C.A.T.E Port Arthur,Texas 77640 Building Texas 2008 Beaumont Beaumont I.S.D. 5,960,000 New Practice Gyms Jefferson 3395 Harrison Marshall,Austin, Odom Beaumont Texas 77706 Vincent Middle Schools Texas 2007 Port Arthur Natex Corporation 10,000,000 Robert E.Lee 2500 Wilcrest 3`d Floor Elementary Jefferson Texas Houston,Texas 77042 2007 Beaumont Lockwood Andrews Newnam 18,000,000 McDonald Gym Jefferson 2925 Briarpark Drive Recreational Facility Houston,Texas 77042 Lamar University Texas ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2006 Port Arthur Long Architects Inc. 9,000,000 DeQueen Elementary Jefferson 6465 Calder Suite 206 School Facility Texas Beaumont Texas 77706 2005 Beaumont Kinsel Auto Mall 670,000 Kinsel Lincoln Jefferson 3355 Eastex Freeway Mercury Dealership Texas Beaumont, Texas 77706 2004 Port Arthur Texas University System 5,858,650 Performing Arts Jefferson Lamar State College Center Texas Port Arthur,Texas 77640 1,400,000 Eagle 2004 Port Neches M.O. Turner Storageetized Jefferson Nederland,Texas 77627 Self Texas 2004 Port Neches ISP Elastomers E 140,400 fo&mation Tech Port Neches,Texas 77651 EH& S Jefferson Texas 2004 Lumberton City of Beaumont 211,100 Chlorine Building Hardin P.O. Box 3827 Loeb Water Plant Texas Beaumont,Texas 77704 2004 Beaumont La-Riche Architectural Group 4,300,000 Wesley United Jefferson 7999 Gladys Suite 101 Methodist Church Texas Beaumont, Texas 77706 295,000 Customer Service 2003 Port Neches Port ISP ElastomersNeches,Texas 77651 Building Jefferson Texas LaBiche Architectural Group 369,000 City of PortNeches 2003 Port Jefferson es 7999 Gladys Suite 101 echService Center Beaumont,Texas 77706 Building Texas 2002 Beaumont Hellmuth Obata&Kassabaum 8,690,424 Five-Story Parking Jefferson 2800 Post Oak Blvd Ste 3700 Garage St.Elizabeth Houston,Texas 77056 Hospital Texas Ma ll 413,000 Kinsel Chrysler-Jeep 2002 Beaumont 3355E Kinsel Auto uto Mazda Showroom Jefferson Texas Beaumont,Texas 77706 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount We is Completed Ci /Count /State Owner Representative The La-Riche Architectural Group 735,700 Beaumont Pediatrics 2002 Beaumont 7999 Gladys Suite 101 Center Memorial Jefferson Hermann Hospital Texas Beaumont,Texas 77706 Beaumont Kinsel Auto Mall 345,000 Kinsel Auto Mall 2002 Jefferson 3355 Eastex Freeway &Facilities Texas Beaumont,Texas 77706 Beaumont Long Architects 8;661,400 Southeast Texas 2002 Jefferson 6465 Calder Suite 206 Entertainment Texas Beaumont,Texas 77706 Amphitheater Facility Beaumont Ferguson Sports Foundation 200,000 Ferguson Baseball 2001 Jefferson 490 Park Street Practice Building Texas Beaumont,Texas 77701 15,869,200 Pietzsch-MacArthur 2000 Beaumont Beaumont Independent School District . Jefferson 3395 Harrison Elementary Texas Beaumont,Texas 77706 23,000,000 Silsbee High 2000 Silsbee Silsbee Independent School District Hardin 415 West Avenue N School Texas Silsbee,Texas 77656 Newton Bay Architects,Inc. 5,000,000 Newton Middle 1999 Newton 18201 Gulf Freeway School Texas Webster,Texas 77598 1999 Beaumont Milton Bell Associates 355,850 NI a Addition Jefferson 711 San Jacinto Building &B Institute n Bone Texas Beaumont, Texas 77701 & Joint Beailmont Architectural Alliance 6,100,000 Ozen High School 1999 Jefferson 6654 Phelan Blvd. Additions Alteration Texas Beaumont, Texas 77706 1999 Beaumont Bay Architects,Inc 9,120,000 Dishman Elementary Jefferson 18201 Gulf Freeway Texas Webster,Texas 77598 Port Arthur Black&Veatch,Inc. 25,000,000 Water Treatment 1998 Jefferson 5728 LBJ Freeway Suite 300 Plant Contract II Texas Dallas,Texas 75240 &Plant Buildings ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Completed City/Coon /State Owner Representative 1997 Beaumont Steinman&Associates 2,000,060 Monsignor KellyJefferson 390 Ninth Street High School Texas Beaumont,Texas 77702 Multipurpose Bldg. 1997 Beaumont Bay Architects,Inc. 2,500,000 Austin Middle Jefferson 18201 Gulf Freeway School Texas Webster,Texas 77598 Beaumont Bruce Baxter Architect 565,997 Beaumont Institute 1995 Jefferson 2307 North Street Jesus Christ of Texas Beaumont,Texas 77702 Ladder Day Saints 1995 Beaumont Texas Youth Commission 18,500,000 Golden Triangle Jefferson P. O.Box 4260 State School Texas Austin, Texas 78765 1994 Kountze Adams,Richardson, &Fisher,Inc. 2,787,700 Hardin County Hardin 1313 S. John Redditt Drive Jail Addition Texas Lufkin, Texas 75901 899,250 West Beaumont Architectural Alliance Island 1994 Jefferson 6654 Phelan Boulevard Transit t Shed d Texas Beaumont,Texas 77706 96,031 Replace1994 Beaumont Goodyear Tire &Rubber Roof on Jefferson P.O. Box 26003 Finishing Building Texas Beaumont,Texas 77720 1993 Beaumont Jefferson County Commissioners 10,500,000 Jefferson County Jefferson P.O.Box 4025 Faccilityrec Ca Texas Beaumont,Texas 77704 Facility Texas Port Arthur' Moore Stansbury &Vaught Architect 162,454 Campus Site Work 1992 Lamar3100 25th Street University Jefferson Texas 77640 Texas � Port Arthur, Beaumont Gordy&Huffliines,Inc.183,250 Additions/Alterations 1992 Jefferson 479 Pine Street to Recital Hall Texas Beaumont,Texas 77701 Lamar University Beaumont Moore Stansbury &Vaught Architects 206,400 Carl Parker Building 1992 Jefferson 3100 25'�Street Photographic Services Texas Port Arthur,Texas 77640 Reconstruction ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,700,000 Commercial 1991 Nederland, AMI Mid-Jefferson Hospital wa 27th Street Highway Construction Jefferson g y 365 @ Texas Nederland, Texas 77627 Beaumont Goodyear Tire&Rubber Company 698,000 Lab, Maintenance 1991 Jefferson P.O.Box 26003 &Power House Beaumont,Texas 77720 Constr. &Renov. Texas 1991 Beaumont Parkdale Bank 105,000 New Branch Jefferson P. O. Box 3567 Bank Facility Beaumont, Texas 77726 Washington Blvd. Texas 1991 Nederland AMI Mid-Jefferson Hospital Fa 191,000 Scan Jefferson Highway 365 &27th Street Facility Texas Nederland, Texas 77627 Schaumburg&Polk,Inc. 750,000 Ash Containment 1991 Port Arthur ha College Street Storage Area- Jefferson 8865 Building Texas Beaumont,Texas 77707 2,045,000 Commercial 1990 Beaumont MHlva of Southeast Texas Jefferson 2850 S. 8th Street Construction Texas Beaumont, Texas 77701 1990 Port Arthur Star Enterprise 125,000 Foundation Jefferson P. O.Box 712 and Building Texas Port Arthur,Texas 77641 1990 Port Arthur Star Enterprise 125,200 Operator's Shelter,VPS #2 Jefferson P. O.Box 712 Texas Port Arthur,Texas 77641 150,000 Engineering 1989 Port Arthur Star Enterprise Jefferson P. O.Box 712 &Drafting Port Arthur,Texas 77641 Space Renov. Texas 1988 Beaumont Lamar University 647,455 Expansion of Jefferson P.O. Box 10016 North Central Beaumont,Texas 77710 Plant Utilities Texas 1988 Beaumont Parkdale Bank 692,080 Additions Jefferson P.O. Box 7588 to BankRenovations Texas Beaumont,Texas 77706 to ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located. Owner or Amount Work Com_pleted Ci /Coun /State Owner Representative 1,411,111 Warehouse1987 Beaumont Tideland Specialty Jefferson P.O. Box 4046 Addritionu Texas Beaumont,Texas 77704 1987 Port Arthur Mbank-Port Arthur 165,253 Bank Jefferson P.O.Box 1000 Renovations Texas Port Arthur,Texas 77641 1987 Beaumont St. Andrews' Presbyterian C 395,741 Additionc to Jefferson 1350 23rd Street Churchh Texas Beaumont, Texas 77706 1987 Beaumont Southwestern Bell Telephone Company 133,814 to Building Jefferson 3100 Main,Room 609 to Building Texas Houston,Texas 77002 1986 Conroe Doctors Hospital 161,852 Emergency Montgomery P.O. Box 1349 Room Conroe,Texas 77301 Alterations Texas 202,093 Bank Bldg. 1986 Beaumont MBank-Beaumont Jefferson P.O. Box 3567 Renovations Texas Beaumont,Texas 77704 ALLCO REFERENCES ARCHITECTURAL ALLIANCE RONNIE JONES rjones@architect-aia.com 409-866-7196 HORNE,INC.. KELLY HUCIK Kelly.huck@hnrne.com 601-326-1000 CSRS,INC. NATALIE GRAHAM natalie.graham@csrsinc.com 225-274-6461 GENERAL LAND OFFICE JENNIFER MOLINARI Jennifer.naolinari.gov@recovery.texas.gov 512-475-5033 GOHSEP NEAL FUDGE neal.fudge cJr 1a.gov 225-925-4114 LOUISIANA MILITARY DEPARTMENT COLONEL DIRK ERICKSON dirk.d.erickson.mil@army.mil 318-641-5981 4. Have you ever failed to complete any work awarded to you? NO If so,where and why? 5. In what manner have you inspected this proposed work? Explain in detail. ATTENDED THE PRE-BID AND VISITED THE JOBSITE. 6. Explain your plan or layout for performing the proposed work: IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS 7_ The work, if awarded to you,will have the personal supervision of whom? (a) For administrative management? BILLY PATTERSON (b) For resident construction superintendence? JOE LATHAM (c) What experience in this type of work is enjoyed by the superintendent designated under(b) above? _DOE HAS OVER 40 YEARS IN THIS.IND_USTRY. 8. What portions of the work do you intend to sub-let? NONE. WE WILL COMPLETE THIS PROJECT USING OUR OWN FORCES P-2 9. What equipment do you own that is available for the proposed work? Description.Size Yeats of Present Qty. item Capacity,Etc. Condition Service Location PLEASE SEE THE ATTACHED. 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? YES P-3 CI) Y Q co rn u Ln ors n �,� L W 0 N CI p O: . O O c -rsir{ : N N • O p J O N I X I ,-' ci. 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U C m ` _ v"'-`^, C� x O, cc N r^ ^ `:, ram-- x c, G1 N ("1 v; � r� ^ C ^' N M p C C .� C .� C C [� x x x x x x x x x C� � � � U '.T C1 G1 CT G'� N N N N N N N N N i N N N N N N N N N N N N c"', r" r'^ r r''' `"' r"' r`' M EIS 0 0W o U v 2 a 2 cn ro 3 0 0 am � O s n- co rn rn cc - cn ._ r- ,_ O O ' O 0 cD o U g O O N_ tn. cn O: t. J c N as 0 if) Li-, s:r- wit 4 • O O' co m >,. C C c C a� v t 4-, a-, L a.. 3 3 .a) m fl � .a 0 _ . cr. as cn w o O U U • }1. List the construction projects your organization has underway on this date: Conicacl Class of Percent Name and Address of Owner Arnounl Work Complete or Contracting Officer PLEASE SEE THE ATTACHED. Dated at BEAUMONT this 16TH day of OCTOBER _,2024. T.W.BY:-r- ._.__S ,C:::k_A--..--} ., ,..............4..0.,..:_ ARRISON TILE: PRESIDENT - _ ' —• � Jo 4 ,,!lifit ikil‘‘```` ALLCO LIST OF PROJECTS NOW ENGAGED IN COMPLETING Contract Class of Percent Where Located Owner or Amount Work Completed City/County/State Owner Representative 73,643,000 Main Wastewater 55% Port Arthur City of Port Arthur Treatment Plant Jefferson 444 Fourth Street Improvements Texas Port Arthur, Texas 77640 25,241.000 Colliers Ferry Pump 80% Beaumont Freese&Nichols Station Jefferson 11200 Broadway Ste 2320 Beaumont Pearland, Texas 77584 11,656,000 Harris County 99% Cypress DAC Engineers MUD#165 WWTP Harris 17725 Katy Freeway Ste 103 Expansion Plant#2 Texas Houston, Texas 77094 Phase 1 8,298,511 City of Anahuac 95% Anahuac LJA Engineers WWTP Expansion Chambers 2615 Calder Ste 500 Contract C Texas Beaumont,Texas 77702 2,996,544 Water System 75% Livingston Schaumburg&Polk Improvements Lake Polk 8865 College Street Water Supply Corporation Texas Beaumont, Texas 77707 1,660,950 Kelly Road Water Plant 40% Magnolia Baxter& Woodman GST&HPT Additions Montgomery 18111 Buddy Riley Rd. City of Magnolia Texas Magnolia, Texas 77354 20,228,978 Pine Street 48" Raw 25% Beaumont City of Beaumont Water Line Jefferson 1350 Langham Texas Beaumont,Texas 77707 6,848,000 Street Rehab 33% Beaumont City of Beaumont Program Phase V Jefferson 801 Main Street Texas Beaumont, Texas 77701 11,209,454 El Vista Subdivision 20% Port Arthur City of Port Arthur Drainage Improvement Jefferson 444 4th Street Texas Port Arthur, Texas 77640 ALLCO LIST OF PROJECTS NOW ENGAGED IN COMPLETING Contract Class of Percent Where Located Owner or Amount Work Completed City/County/State Owner Representative 34,891,106 Port Acres Subdivision 20% Port Arthur City of Port Arthur Drainage Improvement Jefferson 444 4th Street Texas Port Arthur, Texas 77640 3,000,000 Camp Margaritaville 25% Crystal Beach BBCRV Partners,LLC Phase 2 Galveston 1709 Hunters Trail Texas Friendswood,Texas 77546 1,200,000 Localized Flood 30% Lafayette Lafayette Consolidated Gov. Mitigation Contract#21 Lafayette 705 W. University Ave. Louisiana Lafayette, Louisiana 70506 1,300,000 Port Acres Wastewater 10% Port Arthur City of Port Arthur Treatment Plant Jefferson 444 4th Street Improvements Texas Port Arthur, Texas 77640 1,510,841 Surface Water Treatment 1% Beaumont City of Beaumont Plant Chlorine Dioxide Jefferson 801 Main Street System Project POLLANS & COHEN, P.C.- CERTIFIED PUBLIC ACCOUNTANTS P.O. Box 7759 BEAUMONT,TEXAS 77726 (409)832-7400 (409)832-4288 FAX INDEPENDENT AUDITOR'S REPORT To the Members of Allco, LLC, Subsidiary and Affiliate Beaumont, Texas Opinion We have audited the accompanying combined and consolidated financial statements of Allco, LLC(a Texas limited liability company), its subsidiary and its affiliate which comprise the combined and consolidated balance sheet as of December 31,2023, and the related combined and consolidated statements of income and comprehensive income, equity, and cash flows for the year then ended, and the related notes to the financial statements. In our opinion, the combined and consolidated financial statements referred to above present fairly, in all material respects, the financial position of Allco, LLC, its subsidiary and affiliate, as of December 31,2023, and the results of their operations and their cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Allco, LLC, its subsidiary and its affiliate and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Allco LLC, its subsidiary and its affiliate's ability to continue as a going concern within one year after the date that the financial statements are available to be issued. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement,whether due to fraud or error,and to issue an auditor's report that includes I our opinion. Reasonable assurance is a high level of assurance but is riotabsolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements, including omissions, are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards,we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error,and design and perform audit procedures responsive to those risks.Such procedures include examining,on a test basis,evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Allco LLC, its subsidiary and its affiliate's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Allco LLC, its subsidiary and its affiliate's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding,among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit. Report on Supplementary Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The supplementary schedules on pages 25-29 are presented for purposes of additional analysis and are not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements.The information has been subjected to the auditing procedures applied in the audit i of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial I statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. I Po/lu, Er coher4 p.c. Beaumont, Texas IAugust 20, 2024 I I ALLCO, LLC, SUBSIDIARY AND-AFFILIATE COMBINED AND CONSOLIDATED BALANCE SHEET DECEMBER 31, 2023 Assets Current Assets Cash $ 14,394,478 Marketable securities 1,021,475 Accounts receivable, net of allowance for credit losses of$0 19,967,860 Deposits 352,267 Cash value of life insurance 192,913 Contract assets 2,678,532 Growth purchase price, current portion 700,575 Total Current Assets 39,308,100 Fixed Assets Land 200,000 Leasehold improvements 40,897 Machinery and equipment 26,673,425 Vehicles 7,152,505 Furniture and fixtures 45,538 Total Fixed Assets 34,112,365 Less;Accumulated depreciation (28,434,930) Total Fixed Assets, Net 5,677,435 Other Assets Long-term receivables, net of allowance for credit losses of$345,417 2,349,502 Right of use asset 54,231 Other asset 870,000 Total Other Assets 3,273,733 Total Assets $ 48,259,268 I f I I I The accompanying notes are an integral part of these combined and consolidated financial statements. -3- I _ - -- . ALLCO, LLC, SUBSIDIARY AND AFFILIATE -- --- COMBINED AND CONSOLIDATED BALANCE SHEET DECEMBER 31, 2023 Liabilities and Members'Equity Current Liabilities Accounts payable and accrued expenses (including retainage of$3,009,188) $ 15,377,328 Contract liabilities 2,196,596 Notes payable 2,830,015 Lease liability-current 51,406 Other current liabilities 48,331 Total Current Liabilities 20,503,676 Long-Term Liabilities Notes payable 2,328,987 Lease liability-long-term 2,803 Other long-term liabilities 1,176,534 Total Long-Term Liabilities 3,508,324 Total Liabilities 24,012,000 Equity Members' equity 24,247,268 Total Liabilities and Members'Equity $ 48,259,268 I I I 1 The accompanying notes are an integral part of these combined and consolidated financial statements. -4- I *a 4i` `mil'OTt•N re 1'•••P�-14 4��y igitiifeK*4.¢ ` el97Ct4r• 5 r,5 � -44 766-64lf' .:0;r1 tgoli.. 0',+`�"''6•ttit lei + ►.0` z4t0A Q+f dori F1 !' ®0.9,•i S 94e$ii®;•, �.iap%f0^ 0. .1 a3,P4'. _,-7-.•" u ` 3'$11.i •t.8 r'i•"v�itrl �if,RJ�ii � tt .�tr' if,�"� � ..r4 rrr� i�a���; rsq�� J la�n.,Lv m�T� ; !,■5�,�.. s�f *i s, j■� . ..4.1:N i ;�1 `*■T► #f`.4,i0e ,: i1.G.i4 VATS 1- del �* e► \1i �l�q# 0', T Pi4.fl ' ,! .•' J ittlil��1rt) It y/s.-.:" ov.• r %f f 1II J 1 !! i d t ++�++� / a t >t r•� / 4'!!: �, t.rt �! h i4.c.% (q� �r 0.,Q 1 " J.(a ,.4•!;. 1 . ,dJ.4,4"til.,.�y i 7 Y�. ♦„11' , .4 t yiy' . , i.., S A..-0, A 1., 1, 'i�1 `:e.. PA4� A. P -sr:, . lw, . 1 -I.q�! ,J�+ i�. d'Pe AtVJJ' �. r w+ Texas SBA -..:.• 'mow i 'a�yr w si�ram'2 ¢ sari,, -�'`.T It � .i ` 1 , ••• .! ir' t O •0. 0 a) CINOP ate-- rs sires. mar=" iif TEXAS SBA ® .= t:e 'i`93 1 -tea® III Minority Owned Business Certification E`� ,via, L� rk e • I �P si 4 • i :�. ,rd• + �o s :e�` 4 awarded to s.{Q�. •" ''- ALLCO, LLC. iva� o', iiitt of s 4/ •.o Beaumont,Texas,77704 40 'y s'o• �`. a. • .v.s4 ;:.II � Certification Number: 801439195 I e t'`' f sa.. I'raw..o jeiN :�~' with an effective date of April 07, 2024 and expiration on April 07, 2025. e= 1 _ o® '.7 z. AZ. ^gip: i o....y a��:a is..s�av i�a "Ni If?* IN TESTIMONY WHEREOF, I execute the certificate effective ,•off. S� April 07, 2024 El L-Pri 11:1 y $,s: s24:...::, .. c 1 • .,,tea ti�v F.V , .�.- e — 1 ��= 4 '/ Jamie Demericas, Chairman , 3ra. ° TTvt �. .•i I . :ebauss We Are the Ownership Class �eiod+s''f - =.. d�,W Verify Certification �16.'6V` '�s: g National Directory of Minority Owned BusinessTM : o ice'1-�i r !r% '.'$1, • d fit •'ib./ tc`. 'u r `.1� 'ter, �'1 'Y$ ,ow +e10 v. '., �I WY 'QOD' ' •.%� 'i� t� � it�'. .*�`Ti.�/'�' ''� '�`h'�/. "�' �1'N'ij....r a0v'.�.,jrd 1 '\�,f�.I "H 1. �hi�%�I1i 11 l�Z�11�1J�� �1i!i'�t� `1.�ee�f •tfi// J,'. ..' 1-'1!'''`,ri g 3il) ��lt Ji'a o'* �j+, te,A'4310f 4,,114, Nib w�4i. i..i,itO. 1•.��4. 41,:14,itl ltoO Aiels..4. .wJh it" ien .1i1 4SIfy - !:.oh g4,4„t' ��%.kert frl4't'I!-aJ,.; �4tV, : ,�voo,�' 6%P.4x'a`1'�A;'00��� /�ee,- ,i�1 ite4r0g%4tga . :.li',94,To p i_0. t0►�:.virt :::. iii:;4:1P*:•itt 1:s. IIIRsti ar$41:s_ .110...ffs+0'i:e_®'�.i_Okt.r�ilit!_ii:..11Mbt!illree :.ea siklal.S/.o......ttsge�®.4i.4.10_a..940..■_s_ SECTION Q CERTIFICATE OF INTERESTED PARTY CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1226557 ALLCO, LLC BEAUMONT,TX, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/15/2024 being filed. CITY OF PORT ARTHUR Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. P24-067 EL VISTA PUMP STATION IMPROVEMENTS PROJECT Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is T.W. HARRISON , and my date of birth is 3-6-1953 My address is 6720 COLLEGE , BEAUMONT TEXAS , 77707 , USA . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in J Sr N 1'KSON st t i*,y;,,r, County, State of TEXAS ,on the 16 day of October ,2024 ,...%`'60, C:j• //, (month) (year) Yam / .,'~ Signature of authorized agent of contracting business entity � (Declarant) Forms provided by Texas Ethics CorCyiissroo. wvugr.ethics.state.tx.us Version V4.1.0.48da51f7 i �• ////, /l(�1ftt‘0 SECTION R CONFLICT OF INTEREST FORM CI() CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity OFFICEUSEONI.Y This questionnaire reflects changes made to the law by H.B. 23, a4th Log., Regular Session. This questionnaire is being fled in accordance with Chapter 176.Local Government Code.by a vendor who ()eta Received has a business relationship as defined by Section 176.001(1-a)vAth a focal governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be flied with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176,006(a-1).Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006.Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. ALLCO,LLC Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or Inaccurate.) J Name of local government officer about whom the information is being disclosed. CITY OF PORT ARTHUR Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes X No B. Is the vendor receiving or likely to receive taxable income,other than investment Income,from or at the de'ection of the local government officer or a family member of the officer AND the taxable Income Is not received from the local governmental entity? Yes X No it Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. N/A s) f Check this box if the vendor has given the local government otticf pi a family member of the officer one or more gifts as described In Section 176,00 g 3(ax2)(8), excluding t{s�fJ,esOibt tl+ $9ction 176.003(a-1). • � ' c. October 16, 2024 atu a o,van or no us ss t t e governmental entity Date T W. Harrison - PrPs}rit a `r � J 'rtr,titt CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:llwww.statutes.legis.state_tx.us/ Docs/LG/him/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code 4176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,stale,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B}: (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12- month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006►a} and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gill described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Iv ;AifV Amik ( -CITY OF PORT ARTHUR,TEXAS cifyof C?fr- 10,0 itEc Ai b NDUM NO. ONE (1) orr [h " Texas SEP 20?4 SEPTEMBER 20,2024 BID FOR: EL VISTA PUMP STATION IMPROVEMENTS PROJECT The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows addressing questions asked 1. One-time scheduled visit to allow contractors at the location to view under the EL Vista Pump Station on Tuesday, September 24, 2024 at 10:00 a.m. 2. Contractors must follow the 2 CFR 200 guidelines. 3. Attached are the federal clauses. 4. Attached is the revisions by LJA. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 24, 2024 at 10:00 Clifton Williams Purchasing Manager frkdO9S' OCTOBER 16, 2024 Signature of Proposer ,,t' `'F''ia,date T.W. HARRISON - PRESIDENT \v.' ... • ��i ALLOO, LLC — = Company Vendor Name T- f - `\- CITY OF PORT ARTHUR,TEXAS EL VISTA PUMP STATION IMPROVEMENTS PROJECT ADDENDUM CONSTRUCTION PLANS • The attached plan sheet page 2 shall replace plan sheet page 2 of the Construction Plans. CONTRACT DOCUMENTS AND SPECIFICATIONS • The attached Scope of Work shall replace the existing Scope of Work in its entirety. • The attached Bid Proposal shall replace the existing Bid Proposal in its entirety. • The attached Technical Specification Item 1500 Steel Sheet Piles shall replace the existing Technical Specification Item 1500 in its entirety. END OF ADDENDUM ORIGINAL PROPOSAL Proposal of ALLCO,LLC (hereinafter called"Bidder")organized and existing under the laws of the State of Texas,doing business as a * A CORPORATION and acting by and through T.W.HARRISON - TO: CITY OF PORT ARTHUR 414 4TH STREET PORT ARTHUR,TX 77640 (herein after called"OWNER") The BIDDER shall perform the EL VISTA PUMP STATION IMPROVEMENTS PROJECT construction and having examined the plans and specifications with related documents and the sites of the proposed work, and being familiar with all of the conditions surrounding construction of the proposed project including the availability of materials and labor,hereby proposes to furnish all labor, materials and supplies, and to complete the project in accordance with the contract documents,within the time set forth therein, and at the prices stated below. These are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. BIDDER hereby agrees to commence work under this contract on or before a date to be specified in a written"Notice to Proceed" by the OWNER and to fully complete the base bid project within 33 0 calendar days thereafter as stipulated in the specifications. BIDDER acknowledges that time is of the essence. BIDDER further agrees to pay, as liquidated damages, the sum of Five Hundred and No/100 Dollars ($500.00) for each consecutive working day after the Contract consecutive working days hereinafter provided in the special conditions. Said liquidated damages shall be in addition to any other remedies otherwise available to the Owner under the laws of the State of Texas for breach by the Contractor,including breach of the time of completion provisions detailed herein. Enclosed is Bid Security as required. *Insert"a corporation,""a partnership,"or"an individual,"as applicable. BIDDER acknowledges receipt of the following ADDENDUM: ONE,TWO,THREE BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices: P - 1 bl Bid Schedule BASE BID - PROJECT WORK TO INCLUDE but not be limited to: Clearing and grubbing, excavation and grading,placement of concrete liner and other items of the El Vista Pump Station Improvements Project to the limits provided in the plans and specifications. TOTAL ITEM ITEM WITH BID PRICES ESTIIMATED UNIT AMOUNT NO. WRITTEN IN WORDS UNIT QUANTITIES PRICE ' BID 1 MOBILIZATION LS 1 at E;irti .4;ve- 1a+s4—A dollars and No - cents .. S,vec: Cc: per LS. s1,8S no .ev 2 CLEARING AND GRUBBING ACRE 0.12 at 1 v Hten -11,,;86. Sevandollars and TO Se-ve-r, —cents At i per ACRE. 4',2�-1. )1 A 4,9 LIT a 3 REMOVE EXISTING STRUCTURES LS 1 1 e 1 Ten, -6,u.s d at .5ekt :4t dollars and S+`X cents 1 Ip,©U o toperLS. .4 )10,491$,01. 1 4 SHEET PILING SF 11,000 at c. r1 Clk a dollars and ;f+I cents 51 5 o 4156 6,S oo.00 per SF. I 5 CHANNEL EXCAVATION CY 2,425 at ..5eJe-Asi u e. dollars and :x u e. cents �� j per CY. it 143,4 SI,.ZS 6 EMBANKMENT AND FILL CY 1,665 at Cone Eit.," V,c j S,x dollars and 6,156+1 Si)( cents 11414.St, .9fa44,521,110 per CY. i P - 2 I TOTAL ITEM ITEM WITH BID PRICES ESTLMATED UNIT AMOUNT NO. WRITTEN IN WORDS UNIT QUANTITIES PRICE BID 7 CONSTRUCTION OF CONCRETE SY 1,325 CHANNEL LINER at 6e. ilt.vrcW. SzvaS cdzdollars (�S, b$ and S;,t , c��rr — cents -..23a,7?b,0c per SY. 8 CONSTRUCTION OF CONCRETE EA 2 HEADWALL WITH WINGWALLS e; h4.7 F:ut -6. , a s s at 53( {l+A, ) 1=^ec:,_(". dollars and. 111:r-k-zeA cents `-',V per EA. 1)21,3gT•24 I 9 HYDROMULCH SEEDING ACRE 0.12 at 5"-der,Th,y.,ca,nd ih S x dollars and T0z Sr-vt. cents 47 ©36.. 5 per ACRE. -1 844, 3S 10 STORM WATER PERMIT LS i { COMPLIANCE at sea 0, 1.41,,,.a.1'-d :..5k+'dollays , and Szy ,,.,. ,,;c — cents �.7��',`7S per LS. 1 11 30"DISCHARGE PIPING LS REPLACEMENT SA^i w dollars and S;7('3 c nts 31719 •b a per LS. 77,9aD. too 1 12 36"DISCHARGE PIPING LS REPLACEMENT E ).f r -Nree- 11`0i^San- at lq4.1 :v z dollars g 3, DSS,b o and C 7 4 r cents per LS. .9� 63,055%6 0 P - 3 TOTAL ITEM ITEM WITH BID PRICES ESTIMATED UNIT AMOUNT NO. WRITTEN IN WORDS UNIT QUANTITIES PRICE BID 13 CONCRETE SPILLWAY LS 1 REMOVAL/REPLACEMENT 5eaoX.e.er -f -Sa.,. 4a at Fo 1 7 4 t. `f wr N• fie- Cory 8 dollars , and e,-rky Rv cents If I'7,y.oi. S4{ per LS. 14 STAIRS'W./HANDRAIL AND LS 1 EXISTING WALKWAY REMOVAL/REINSTALLATION 5 ,i 4-ee, i s -a at fau.4 1 4 C 191,,4-cc4, dollars I b,y i$, ti and -roe%a e- -cents 3. per LS. 41 jb,y! $, f a 15 STRUCTURAL ROCK BACKFILL TON 300 atz E}w4-4.e3'fA ltih e dollars 1 and -'>>rs c 4D Qr,a cents / 1.2l.i( $3b;5'7 3. co--. per TON. 16 TRENCH SAFETY SYSTEM LF 25 at g-i r 1-A' dollars and liz e 1 4 c cents 4S,12. AU0-),oe per LF. 17 CONTINGENCY ALLOWANCE ALLOW. I $150,000.00 ' $150,000.00 , at One Hundred Fifty Thousand dollars and XX/100 cents 1 ' per ALLOWANCE. 1 P - 4 TOTAL-BASE BID(ITEMS 1 THROUGH 17)AMOUNT IN WORDS: One P;1):on 11:nt ) , Eyh}( 5e.Pin ous el C'1yh Steve-,-, DOLLARS . CENTS TOTAL-BASE BID(ITEMS 1 THROUGH 17)AS DOLLAR FIGURE: $ ) 9 13D7. DD Amounts are to be shown in both words and figures. In case of discrepancy the amounts shown in words will govern. All unit prices provided on this bid form shall include all labor,materials,bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the rights to reject any and all bids and to waive any informalities in the bidding. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents and Specifications. Bidder agrees that the work will be substantially completed and ready for final payment in accordance with the General Conditions and within the time limits set forth in the Agreement. Bidder accepts the provision of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. i RESPECTFULLY SUBMITTED, ,3y,���OO,► OCTOBER 16,2024 DATE SI NATURE T.W. HARRISON S• ' • * P.O.BOX 3684 PRESIDENT ADDRESS TITLE BEAUMONT,TX 77704 N/A CITY, STATE&ZIP LICENSE NUMBER(IF APPLICABLE) (SEAL—if BID is by a Corporation) ATTEST: ch° P - 5 2 CFR 200 GUIDELINES FEDERAL FUNDING PROVISIONS 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. S 200.327) (a) Appendix II to Part 200 (A) - Remedies: The parties shall comply with the administrative, contractual, or legal remedies in the Contract Documents for when the CONTRACTOR violates or breaches the terms of the Contract and shall comply with the applicable sanctions and penalties as appropriate in the Contract Documents. (b) Appendix II to Part 200 (B) - Termination for Cause/Convenience: The parties shall comply with the termination for cause provision and the termination for convenience provision in the Contract Documents. (c) Appendix II to Part 200 (C) — Equal Employment Opportunity: CONTRACTOR agrees as follows during the performance of the Contract: (i) CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation. gender identity. or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading. demotion, or transfer; recruitment or recruitment advertising: layoff or termination: rates of pay or other forms of compensation: and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment. notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed. or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge. in furtherance of an investigation, proceeding, hearing, or action. including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. (iv) CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24. 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24. 1965, and by rules. regulations. and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records. and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i)through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency. the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided. That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency. instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition. the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate. or suspend in whole or in part the grant (contract. loan, insurance, guarantee) for this project: refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (d) Appendix II to Part 200 (D) — Davis-Bacon Act; Copeland ("Anti- Kickback")Act: The Contract Documents include these requirements. (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (i) of this Section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory). for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this Section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (i) of this Section. (iii) Withholding for unpaid wages and liquidated damages. CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act. which is held by the CONTRACTOR. such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (ii) of this section. (iv) Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (iv) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i)through (iv) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: This provision is not applicable to the Contract. (g) Appendix II to Part 200 (G)—Clean Air Act and Federal Water Pollution Control Act: CONTRACTOR shall comply with the following: (i) Pursuant to the Clean Air Act. (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office. and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150.000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended. 33 U.S.C. 1251 et seq.. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150.000. (h) Appendix II to Part 200 (H)— Debarment and Suspension: (i) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000. subpart C. in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000. subpart C throughout the Contract. The CONTRACTOR further agrees to include a provision requiring such compliance in its subcontracts. (v) CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all subcontractors performing work under this Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Contract. (i) Appendix II to Part 200 (I)— Byrd Anti-Lobbying Act: (i) Contractors that apply or bid for an award exceeding $100.000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. (ii) If CONTRACTOR has not submitted the required certification, CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment"1" and incorporated herein by this reference. (i) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials: (i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act. as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10.000 or the value of the quantity acquired during the preceding fiscal year exceeded $10.000: procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule: meeting contract performance requirements: or at a reasonable price. (iii) Information about this requirement, along with the list of EPA- designate items, is available at EPA's Comprehensive Procurement Guidelines web site. https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Contract. As described in Public Law 115-232, section 889. covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense. in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by. or otherwise connected to. the government of a covered foreign country. (ii) See Public Law 115-232. section 889 for additional information. (I) Appendix II to Part 200 (L) — §200.322 Domestic Preferences for Procurement: (I) CONTRACTOR shall, to the greatest extent practicable. purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement. and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete: glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. & 200.321) (a) CONTRACTOR shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists: (ii) Assuring that small and minority businesses. and women's business enterprises are solicited whenever they are potential sources: (iii) Dividing total requirements. when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises: (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business. and women's business enterprises: and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) CONTRACTOR shall submit evidence of compliance with the foregoing affirmative steps when requested by the CITY. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of ARPA. Treasury's regulations implementing that section. and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY. Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books. documents. papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5)years after completion of the project. (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of ARPA, regulations adopted by Treasury pursuant to section 603(f) of ARPA. and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25. pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200. Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace. 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including. without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975. as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §& 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Hatch Act. If CONTRACTOR is a public agency, CONTRACTOR agrees to comply, as applicable, with the requirements of the Hatch Act (5 U.S.C. section 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. (f) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract)or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury: or (7) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (a) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18. 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (h) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving. and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (i) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Contract, including, but not limited to, the following: (i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation. denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seg.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives: circulars: policies; memoranda and/or guidance documents. (ii) CONTRACTOR acknowledges that Executive Order 13166. "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP. please visit http://www.lep.gov. (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR's successors, transferees and assignees for the period in which such assistance is provided. (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors, successors. transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color. or national origin (42 U.S.C. § 2000d et seq.). as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22. which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also extends protection to persons with "Limited English proficiency"in any program or activity receiving federal financial assistance. 42 U.S.C. § 2000d et seq.. as implemented by Department of the Treasury Title VI regulations. 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. (vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests. on-site compliance reviews, and reporting requirements. (viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request. a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix) CONTRACTOR must provide documentation of an administrative agencies or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrativeagency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If CONTRACTOR makes sub-awards to other agencies or other entities. CONTRACTOR is responsible for assuring that sub-recipient also comply with Title VI and all of the applicable authorities covered in this assurance. 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. 3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS The following access to records requirements apply to this Contract: • Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS 1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 3. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, Pr executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 5. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 6. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties 6. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con- tracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract. b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. 7. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 8. TERMINATION TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. 9. DEBARMENT&SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by City of Port Arthur. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to City of Port Arthur, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BUY AMERICA REOUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. 11. RESOLUTION OF DISPUTES.BREACHES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. 12. RESTRICTIONS ON LOBBYING (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law 101-121, as implemented by the Department of Transportation in 49 C.F.R. Part 20, and as those authorities may be hereafter amended. (b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Authority. 13. CLEAN AIR (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. low (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CLEAN WATER ACT (1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2)The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of- lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel 16. FLY AMERICA REQUIREMENTS Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. .CONTRACT WORK HOURS AND SAFETY STAND- ARDS ACT — OVERTIME COMPENSATION 1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1) of this section. 3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section. 4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through(4) of this section. 18. PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (a) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 19. ENERGY POLICY AND CONSERVATION ACT The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.). 20.$ID PROTESTS. (1) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager. The written protest should include, at a minimum: • Both the name and address of the protestor, as well as the vendor they represent, if different. • The name of the bid being protested. • A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five (5) working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee, in consultation with the department and the City Attorney, within fifteen (15) days of receipt of the protest. Within the fifteen (15) day time period, the City will: • Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. • Render a decision supporting or canceling the award, such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation, they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by the City Council. 21. RECYCLED PRODUCTS. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. ATTACHMENT"1" NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS TITLE 49, CODE OF FEDERAL REGULATIONS. PART 29 CONTRACTOR certifies. by signing and submitting this form, to the best of his or her knowledge and belief, that: V v V (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency. a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement. the undersigned shall complete and submit Standard Form- ''Disclosure of Lobbying Activities." in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31. U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100.000 for each such failure. CONTRACTOR also agrees that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signature: Printed Name: Title: Firm Name: -CITY OF PORT ARTHUR,TEXAS can,of .r_.. . ADDENDUM NO. TWO-(2) ort rthur (r ct74 SEPTEMBER 30,2024 BID FOR: EL VISTA PUMP STATION IMPROVEMENTS PROJECT The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows addressing questions asked 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time,Wednesday,October 16,2024. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 16, 2024 in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cli Williams Purchasing Manager gikkA.(g... .—)1--riufi �,7��GU4� ` �`fs, OC'I�BER 16, 2024 Signature of Proposer ;Q�!;•� ... '?ate T.W. HARRISON - PRESIDEN'� ALLY, LLC r Company Vendor Name •...... -CITY OF PORT ARTHUR,TEXAS •� ;;`; : 1 2tADDENDUM. rihur NO.THREE (3) tifTexas OCTOBER 11, 2024 BID FOR: EL VISTA PUMP STATION IMPROVEMENTS PROJECT The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows addressing questions asked 1. Attached is Addendum#3 from LJA. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. r � �.f2�,Samd- C1i on Williams Purchasing Manager ,Attt0, 1.4 �, OCTOBER 16, 2024 Signature of Proposer ~ v. Date T.W. WARRISON — PRESIDEN ALLOO, LLC . Company Vendor Name '., l/ CITY OF PORT ARTHUR,TEXAS EL VISTA PUMP STATION IMPROVEMENTS PROJECT ADDENDUM NO. 3 CONSTRUCTION PLANS • The attached plan sheet page 5 shall replace plan sheet page 5 of the Construction Plans. • The attached plan sheet page 7 shall replace plan sheet page 7 of the Construction Plans. • The attached plan sheet page 11A shall be made part of the Construction Plans. CONTRACT DOCUMENTS AND SPECIFICATIONS • The attached Scope of Work shall replace the existing Scope of Work in its entirety. - Stairs with Handrail and removal/reinstallation of existing walkway has been added to the project • The attached Bid Proposal shall replace the existing Bid Proposal in its entirety. - Stairs with Handrail and removal/reinstallation of existing walkway has been added to the project - Bypass pumping is no longer a bid item and is subsidiary to other items - Bid item for Contingency Allowance has been increased to$150,000.00 • The attached Technical Specification Item 540 Ladders,Stairways, and Handrails shall be made part of the Technical Specifications. END OF ADDENDUM ,::: ggr:Ng J st �Y 3 h ts$ a l 3 s ° a z a i a a S re L L-- - 3 n 4�y ao p a+ _,3� .o-fit` Ro t ^,& S a 8 a` a u d + T W f d € e \ V! 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L�1tk pg F w ( �7yJ ilktN 11 t Al 2 a ii $1 w iss — — _iA Mk ha — `el 1 L. it a-g 8 S pI t ill: x g °a•P"S IItl130\S133HS\(IVJ\biwwar.0O0 uollole°tuna uleu I.n.yy,o Po.to MI L00/-HONVVnuvo Noa to Alp-tlOH4\x•e4-uooq I ui,wlo� 1, 1ZOL/B/OL ITEM 540 LADDERS, STAIRWAYS, AND HANDRAILS 540.01 - GENERAL The Contractor shall supply all labor,material, and equipment to install all ladders, stairways, and handrails. Approved shop drawings are required by the Engineer before the work proceeds. 540.02 -MATERIAL 1. Ladders and Stairways. Ladders and stairways that are to be fabricated shall be made from structural steel conforming to ASTM A-36, and shall be hot-dip galvanized after fabricating. Stair treads shall be of 14 gauge hot-dip galvanized steel with an abrasive nosing and serrated grating. 2. Handrails. All handrail systems shall meet all applicable OSHA requirements. Handrail systems shall include, as a minimum, a top rail at 42" above the walkway, a mid rail at 21" above the walkway, and a 4" toe board all continuous as shown on the plans, stair handrails to be 34 inches high. Support posts shall be installed at five (5') feet center to center maximum or as recommended by the manufacturer. Handrails shall be 2" diameter hot dipped galvanized schedule 40 steel. Hot dipped galvanized component handrail systems shall be as manufactured by Kee Klamp or prior approved equivalent. Component handrail systems shall be subject to approval by the Engineer. 540.03 -WORKMANSHIP Handrails and post ends shall be cut accurately and square, and free of burrs, nicks, or other irregularities. All holes drilled to receive one-piece tubular inserts and stainless steel fasteners shall be proper size, tapped as required for positive connection, and countersunk. Posts shall be plumb and rails parallel whether in horizontal or rake application. Top handrails shall be smooth and continuous in accordance with OSHA standards. All handrails shall meet OSHA loading requirements. 540.04 -DISSIMILAR MATERIALS Where dissimilar metals contact each other, they shall be coated with zinc chromate (or bituminous) protective coating or installed with vinyl isolation gasket as applicable. 540.05 OTHER SPECIFICATIONS When ladders,stairways, and/or handrails are covered in specifications for equipment or treatment units which they will serve, the requirements of those specifications shall govern over this item in event of any conflict. 540.06 - SHOP DRAWINGS The Contractor, immediately following the award of the Contract, shall prepare shop drawings, TS 540-1 O:\Projects LJA B000 - BXXX\B808 - City of Port Arthur\B808-1003 City of Port Arthur El Vista Pump Station Improvements\MM\City of Port Arthur-El Vista Pump Station\Technical Specs\Item 540-Stairs and Handrails.docx based on the design drawings, for the approval of the Engineer. Shop drawings shall give all necessary information for the fabrication, erection, field connections, anchor bolt size and locations, and painting or galvanizing of the structure. Three sets of finally approved drawings shall be furnished to the Engineer. No fabrication shall be conducted until approved drawings are in the hands of the shop inspector. END OF SECTION TS 540-2 O:\Projects LJA B000 -BXXX\B808 - City of Port Arthur\B808-1003 City of Port Arthur El Vista Pump Station Improvements\MM\City of Port Arthur-El Vista Pump Station\Technical Specs\Item 540-Stairs and Handrails.docx 5 qz. 2 to g 5 '88 ! f 08 E. %JI 3 z�8 a o v " C<O Z §s. - ' a �p p U 3 �- Z .�+YNln �mnp .�� c U i ro d t 8 ' N rg ;O A 8 m 3 i vl w = n $ W S �-"m f x. • � p d s '� g oN S +a~m"mn '7 v T z Qm2 .. a �.. w o -OO m m l o H d W U 7g2M AZ 2. i t' g a i 4 F. y W' sib Y O �' z. $y E o f J� o g ? 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N 12 ~% gqg < iro 199'69So,- Mg .' 5E. g W o' g Fx Eg ga `� ygy i ygy z z ~ W m^ 4 '< zw& z m> § yy P a m~G r Mm a6 uw 3 e5 d u g� 8161 �uig o r O wg 3 �i'= z W�>d `� �a` q Xx 2 (2g 816 x 4 zS W" 1000 " oom O ggV of U61 �$ mgOJ 8 u N loll r_ c' �� a wmo 92.65z 2u J uum u FN u. in PS310N NOLLJl12llSNOJ Z\Wf10N300tl\S133H5\OYO\swoiiono�aw!uo!�n�5 awnd ois�!3 ninn Nod to^l!0[001-9086\�ny1N imd In^7!0-8088\%%%9-0009 tlfl sin!ad\C iZOZ/6l/6 CITY OF PORT ARTHUR,TEXAS EL VISTA PUMP STATION IMPROVEMENTS PROJECT 1.0 SCOPE OF WORK It is the intent of the Contract Documents to provide the requirements and specification for the construction associated with the City of Port Arthur,Texas,El Vista Pump Station Improvements Project. BASE BID: The project scope for the base bid includes but is not limited to: • Demolition of existing structures in the City of Port Arthur ROW. All material and removed structures shall become the property of the Contractor; • The excavation and shaping of proposed ditch to lines and grades shown on the plans. Contractor may reuse topsoil and sod for the final grading; • The installation of structural sheet piles to lines and grades shown on the plans; • The excavation of existing embankment to limits and grades as shown on the plans; • The construction of proposed embankment and fill to limits and grades as shown on the plans; • The construction of proposed concrete headwall and wingwalls as per the plans and details; • The placement of 6"concrete liner to the lines and grades shown on the plans; • The removal of existing 30"and 36"steel discharge piping; • The installation of proposed 30"and 36"HDPE discharge piping to existing elevations,connections to existing pump discharge flange,reconstruction of concrete wall,and installation of proposed flap gates as shown on the plans and details; • Final site clean up and grading and the placement of top soil and hydromulch seeding in all disturbed areas of the project as described in the plans and specifications; 2.0 BID ITEM NOTES Contractor's bid shall include all labor,material and equipment, and overhead costs to perform work described in the plans and specifications.Any other work necessary for the intended work as described in the plans and specification not specifically detailed in the unit price description or in the plans and specifications shall be made subsidiary to the bid items provided. Bid Item 1-Mobilization-Contractor shall perform mobilization per technical specifications. Bid Item 2-Clearing and Grubbing-Contractor shall perform this bid item per technical specifications. This quantity includes all areas in the City of Port Arthur Right of Way(ROW)and easements within the project limits which are not currently covered by concrete lining. Contractor shall leave as many trees, shrubs,and structures undisturbed as possible. Disturb only if necessary. All cleared and grubbed material such as buildings,slabs,fences, structures,trees,dirt, shrubs,roots, broken concrete,asphalt and other debris encountered in the permanent City easement and removed shall become the property of the contractor and shall be disposed of by contractor at Contractor's expense. Offsite location of excavated material placement shall be approved by the Owner. wir Bid Item 3-Remove Existing Structures-This bid Item shall include the saw cutting,removal of existing concrete liner to the limits shown on the drawings and disposal of removed concrete lining. All concrete lining debris shall become the property of the Contractor and be disposed offsite at no additional cost to the Owner. Location of concrete disposal shall be approved by Owner. Contractor shall only be allowed to remove 253 lineal feet of existing liner and excavate soil prior to the placement of new liner to prevent washout of exposed earthen ditch banks without approval of Engineer. This Bid Item shall be performed according to the requirements set forth in Technical Specification 190 "Removing Old Structures". Bid Item 4—Sheet Piling—Contractor shall perform this bid item per technical specifications and per the Geotechnical Report(Exhibit A)to the lines and grades shown on the plans. Bid Item 5 -Channel Excavation-The work under this item shall include the excavation of soil to the lines and grades shown on the plans for the installation of all concrete liner,toe walls,and downspouts. The estimated quantity for this Bid Item only includes the excavation and work associated with the ditch and liner construction. All excavated material shall be disposed of by contractor at Contractor's expense. Any excess excavated material that is not hauled off and is classified as"Select Fill"may be used as fill for ruts and backfill at the top of the concrete liner. Any fill shall be placed and graded to facilitate drainage. Existing surface drainage shall not be impaired. Bid Item 6 -Embankment and Fill—Contractor shall perform this bid item per technical specifications to limits and grades shown on the plans. Bid Item 7- Concrete Channel Liner-Contractor shall perform this bid item per technical specifications. Concrete finish for the concrete liner slopes and bottom shall be a light broom finish. Concrete liner slopes shall be 6" thick and concrete liner bottom shall have a thickness of 6". This item shall also include the construction of concrete ramp,and weep holes,per the construction plans. Concrete for Liner slopes shall be Class A Concrete. If the Channel Bottom is to be utilized for construction access of concrete trucks,dump trucks,or any other construction vehicles or equipment the pavement shall attain the design compressive and flexural strength for Class A Concrete. The contractor may propose the use of a high early mix design in lieu of the Class A Concrete to benefit the contractor and construction progress. Any costs associated with the use of high early concrete shall be subsidiary to this bid item. If the channel bottom is utilized as a concrete truck route,concrete trucks shall be limited to 7 yard loads. Bid Item 8-Construction of Concrete Headwall with Wingwalls—Contractor shall perform this bid item per technical specifications and construction plans. Bid Item 9—Hydromulch Seeding—Contractor shall perform this item per technical specifications. All disturbed areas shall be graded and seeded to prevent erosion. Seeding shall be solid across disturbed areas with no gaps. Bid Item 10—Storm Water Permit Compliance—Contractor shall perform this bid item per technical specifications. Contractor is responsible for the submission of the N.O.I. and N.O.T. and payment of associated fees. Bid Item 11—30"Discharge Piping Replacement—This bid item shall include removal of existing 30" steel pipe and replacing with 30"HDPE pipe including excavation, demolition and repair of concrete wall,backfill,fittings,connection to flanged pump discharge, and installation of a 30"Waterman Model F-10 flap gate,all in strict accordance with the technical specifications. Bid Item 12—36"Discharge Piping Replacement—This bid item shall include removal of existing 36" steel pipe and replacing with 36"HDPE pipe including excavation, demolition and repair of concrete wall,backfill,fittings,connection to flanged pump discharge,and installation of a 36"Waterman Model F-10 flap gate,all in strict accordance with the technical specifications. Bid Item 13—Concrete Spillway Removal and Replacement—This bid item shall include the removal and replacement of the existing swale ditch entry into the forebay and surrounding concrete lining as shown on the plans. Bid Item 14—Structural Rock Backfill—This bid item shall include the purchase and placement of structural rock backfill as needed to aid in the construction of the ditch bottom. Maximum placement is 8"depth. Bid Item 15—Bypass Pumping—Contractor shall perform this bid item on an as needed basis. Bid Item 16—Trench Safety System—Contractor shall perform this bid item per technical specifications. Bid Item 17—Contingency Allowance—This bid item is to be used for field changes as required for unforeseen conditions;to be approved by the City and/or Engineer with Contractor submitted cost change request before work is performed, all in strict accordance with the plans and specifications. 2.1 Measurement and Payment All quantities presented in the Bid Form are in-place quantities. All quantities presented for payment shall be in-place measured quantities in the units provided in the Bid Form. Measurement for Payment shall be based on the limits of construction provided in the quantity sheet in the plans. Work performed outside those described limits will not be considered for payment unless authorized by the Engineer. END OF SECTION